PRADIP RAGHUNATHSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and order dated 13-1-1998 passed by the Learned Special Judge (N. D. P. S.) Nagpur in Special Case No. 64 of 1996 wherein the appellants have been found guilty for having committed offences under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N. D. P. S. Act) and sentenced to suffer R. I. for 10 years and to pay fine of Rs. 1,00,000/- in default to suffer R. I. for one year. The appellant Pradip Raghunathsingh Thakur, original accused No. 1 was also convicted for having committed offence punishable under section 25 of the N. D. P. S. Act and sentenced to suffer R. I. for 10 years and to pay fine of Rs. 1,00,000/- in default to suffer R. I. for one year. The Court ordered that the substantive sentences passed against the appellant accused No. 1 to run concurrently and also allowed set of for the period they were in detention i. e. in case of appellant original accused No. 2 from 4-9-96 to 2-12-96. As the appellants were tried together in one trial the two appeals can be disposed of by one judgment.

(2.) IN nutshell the prosecutions case is that on 3-9-96 P. H. C. Hemant Pali who was attached to Crime Branch, Narcotic Cell, Nagpur, after making an entry at 10. 30. hours left for patrolling duty alongwith P. S. I. Shri B. T. Tidke, P. H. Cs. B. No. 2652 and 2912 P. C. B. No. 3147, W. P. C. B. Nos. 4254 and 5022 in Police jeep for the purposes of gathering information in respect of the people dealing in Narcotic Drugs and to conduct raid.

(3.) WHILE they were patrolling within the limits of Police Station Tahsil and Lakadganj at about 12. 35 hours at Marwari Square they got information through their informer that a person by name Pradip Thakur aged about 27-28 years having black sallow complexion, residing in front of (near) Shahad Hospital, near Itwari Railway Station is in possession of Gard (Brown Sugar) at his house. On receiving this information P. H. C. Pali informed Police Onspector Shri. M. M. Shirbhate on telephone who instructed him to make preparation for raid by calling panchas and also instructed that he would be coming and will meet them at Marwari square. After receiving instructions from P. I. Shirbhate, P. H. C. Pali prepared the occurrence report at 12. 45 hours and thereafter called two passers by at Marwari square namely Sunil son of Sudhakar Lakhe and Rajesh son of Govindrao Mogre. He apprised them of the purpose and asked them to act as panchas; the two persons agreed to act as panch. In the meanwhile at about 13. 30 hours, P. S. I. Shirbhate arrived on his scooter; he was handed over the occurrence report; on this P. I. Shirbhate made endorsement and from there, they left in jeep and went to north gate on Shantinagar road, near Itwari Railway Station and parked the jeep there. They all got down and proceeded on foot towards the address by Shanti Nagar Road. When they reached Shahad Hospital there they got information about the house of Pradip Thakur at 13. 50 hours; they were in front of one southern facing house and surrounded the house and H. C. Pali gave a call to Pradip. They got response, one person came out of the house. Police Party gave their identity and asked about his name, they told him that they has intention to conduct search of his house; they saw one person was sitting in the house; on getting information about the said person; H. C. Pali informed that they want to conduct raid and search of those persons as well as the house and informed them that if they so desire the raid can be conducted in presence of the Gazetted Officer of Magistrate and in addition to this the two persons were given a notice in writing under section 50 (1) of the N. D. P. S. Act. As they declined the presence of Gazetted Officer or Magistrate a personal search was conducted of the person by name Pradip Raghunath Singh Thakur in which they found four packets of Gard (Brown Sugar) weighing 420 milligrams valued at Rs. 420/- any cash amount of Rs. 215/ -. Police also recovered one pipe from his possession. On search of the person by name Javed Hussain, police found a place of glittering cigarette paper in partly burnt condition to which brown sugar was sticking, one pipe and cash amount of Rs. 140/ -. In the premises the police material used for consuming Gard i. e. a candle valued at Re. 1/- from scissor valued at Rs. 5/- ; match box valued at Rs. 00. 50 paper of cigarette packet and a piece of paper used for Gard packets. All this came to be seized and sealed in the presence of the panchas and came to be recorded in the seizure and spot panchanama by the police. The said two persons i. e. Pradip Thakur and Javed Hussain were informed that as they have committed offences punishable under sections 21,25 and 29 of the N. D. P. S. Act they are taken in custody. Thereafter, police party alongwith the two persons arrested by them came to Lakadganj Police Station where Police Head Constable Hemant Pali lodged First Information Report on which P. S. I. Tighare the Duty Officer registered crime No. 247/96 against the two persons for having committed offence under sections 21, 25 and 29 of the N. D. P. S. Act and took them in custody. Alongwith the report H. C. Pali also handed over six sealed parcels, personal search and house search panchanama and C. A. Form and cash of Rs. 355/ to P. S. I. Tighare, who in turn handed over the property to H. C. Satpute who in turn made entry of the articles in the muddemal Register. After completing successful raid P. H. C. Pali made a report as required under section 57 of the N. D. P. S. Act. H. C. Satpute on the next day handed over the same to P. C. Deepak alongwith invoice challan and two parcels in duly sealed condition for delivering the same to the Regional Forensic Science Laboratory Dhantoli, Nagpur. P. C. Deepak handed over the sealed packets to the office of Regional Forensic Science Laboratory, Dhantoli, Nagpur who received two sealed parcels with seals intact on 4-9-96. On receipt of the C. A. Report dated 31-10-96 in which the results of analysis were positive in respect of the samples i. e. it was found containing heroin. The police filed charge sheet against the appellants accused in the Court of Special Judge, N. D. P. S. , Nagpur.