SHIVKUMAR SANSAR SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard Mr. D. S. Padwal for the Appellant and Ms. Usha Kejriwal, Additional Public prosecutor for the State of Maharashtra respondent.

(2.) THE original accused/appellant was convicted by the special Judge, Greater Bombay by his judgment dated 28th september, 1992 passed in N. D. P. S. Special Case No. 352 of 1991 for the offence under section 21 read with section 8 (c)of the N. D. P. S. Act and was sentenced to suffer 10 years r. I. and to pay a fine of Rs. 1,00,000/- in default to suffer R. I. for six months.

(3.) IT is the prosecution case that in the early hours of morning of 30-3-1991 i. e. at 5. 30 a. m. , two police constables attached to the Nirmal Nagar police chowky were on patrolling duty when on the road, they found one person, the present accused with a brief case in his hand, walking on the road, in suspicious circumstances. They therefore, tried to stop him but, he tried to run away. These constables therefore, called two panchas and apprehended the accused and then brought him to the Nirmal Nagar Police station wherein in presence of the panchas, a search of the brief case was made and it was found to contain 800 gms of charas in the plastic bag. The charas was thereafter, taken to the nearby ration shop; weighed and the total weight was found to be 800 gms out of which, a sample of 10 gms was taken. Both the samples were packed and sealed. Thereafter, an F. I. R. was lodged by PSI Sambhaji Dhawale, PW 1 of Nirmal nagar Police Station and an offence was registered and the charge sheet was filed after receipt of the report of the chemical Analyst.