KAMLAKAR KALYAN NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is filed by the appellants who were convicted under section 20 (b) of the N. D. P. S. Act and also under section 66 (1) (b) of the Bombay Prohibition Act.

(2.) AS per the prosecution case about 18 kg. of ganja was seized from the appellants as a chance recovery on 10-8-1989. On that date, complainant Head Constable Ambadas Wankhede P. W. 3 attached to City Police Station Barsi was assigned duty at Bhosale Chowk at Barsi. It was the time of Ganapati and Moharam festival and, therefore, most of the policemen were doing patrolling duty in the town. The other police officers including A. S. I. Maruti and Head Constables and Police Constables had also arrived at the said place at about 12 in the night. At about 12. 15 in the night appellants were seen hurriedly proceeding by Arangaon road towards railway station which gave rise to the suspicion in the mind of the complainant and other policemen. Appellants were, therefore, asked to stop. The appellant No. 1 was carrying leather bag while appellant Nos. 2 and 3 were carrying bundles of plastic bags smelling of ganja and therefore panchas were called and the appellants were asked about their names and their place of residence. It was disclosed that they were from Kushthadham, Latur. The appellants were then searched. On search, the appellant No. 1 was found carrying leather bag containing 3 kg. of ganja. The appellant No. 2 was found carrying 10 kg. of ganja and appellant No. 3 was found carrying 5 kg. of ganja. The sample of 100 gms. was taken from each of the bag and the accused and muddemal were brought to the City Police Station, Barsi. Head Constable Wankhede P. W. 3 lodged his complaint and offence was registered under Crime No. 80 of 1989 under section 20 (b) of the N. D. P. S. Act and under section 66 (1) (b) of the Bombay Prohibition Act. The sample was sent to the C. A. and the report of the C. A. disclosed that the sample contained ganja.

(3.) BEFORE the Sessions Court charge was framed against the appellants under section 20 (b) of the N. D. P. S. Act and under section 66 (1) (b) of the Bombay Prohibition Act. The complainant, panchas and other witnesses were examined on behalf of the prosecution and the C. A. report Exhibit 21 was produced. The defence of the appellants was of denial.