SHESHYA SHESHRAO SAMBHAJI SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants by this appeal challenge their conviction, and sentence for having committed an offence under Section 21 of the N. D. P. S. Act under which they are ordered to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs. 1. 00. 000/- in default to undergo R. I. for 2 years by the impugned judgment of the Special Judge, N. D. P. S. Nagpur delivered on 6-4-1994 in Special Criminal Case No. 40/93.

(2.) IN nutshell the prosecutionts case is that on 12-3-1993 while Shri G. M. Sakharkar, A. P. I. N. D. P. S. Cell. Crime Branch Nagpur was patrolling within jurisdiction of Police Station. Kotwali he received information through Special Informant that in front of Chitnispura Police Chouki two persons are indulging in selling Gard (Brown Sugar ). On receiving such information he made a report to A. C. P. Pararaskar and called for two Panchas and went to the place; there they found that accused Anya Anil, Gaikwad and. Sheshya @ Sheshrao Suryavanshi were present. They were accosted by the Police party and informed that the police party wants to search them as they have information that they are dealing in Gard (Brown Sugar); they were also informed of their right to be searched in presence of Gazetted Officer orally as well as by written intimation. As they declined to avail of their right the police officer carried out the search of these two persons near the Pipal tree behind the Hanuman Temple in front of Munshi Wada at Mahal. In the search of the accused Anya Anil Vasantrao Gaikwad the packets of Gard Ttotal weighing 1 gram was found in the right pocket as well as watch pocket of the fullpant on the person of the accused! appellant. Out of this 1 gram Gard a sample of 100 milligrams of Gard was taken out separately and sealed for sending it to Chemical Analyser for analysis and the remaining Gard was also sealed. 22 pieces of papers from which the Gard was taken out were also seized separately. When the police party searched the accused Sheshya @ Sheshrao Sambhaji Suryavanshi, they found 8 small packets in the pocket of Shirt on the person of the accused containing total 100 milligrams of Gard (Brown Sugar), it was sealed for being sent to the Chemical Analyser for analysis and another parcel was prepared of pieces of paper packet from which Gard was collected and sealed. The search and seizure Panchanama was carried out in presence of the Panchas.

(3.) THE two accused persons were then taken in the custody and they were brought to Police Station Kotwali, where Shri Sakharkar lodged a report with P. S. I. Shrivas who was the Day Officer and tendered the sealed parcel which were put in a sealed packet and handed over to P. S. I. Shrivas with a request that Head Constable Muddamal should send the two sealed parcels of 100 milligrams to the Chemical Analyser. Therefore, alongwith the report 5 duly sealed parcels copy of seizure Panchanama and C. A. Form was submitted in the police station. P. S. I. Shrivas registered offence under Section 21 of the N. D. P. S; Act vides crime No. 71/93 of Kotwali Police Station and took the charge of the materials handed over to him.