LAWS(BOM)-1999-9-82

NAJIR ISAK SHAIKH Vs. STATE OF MAHARASHTRA

Decided On September 30, 1999
NAJIR ISAK SHAIKH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE appellant convicted under the provisions of the N. D. P. S. Act has preferred this appeal impugning the order of his conviction and sentence recorded by the Sessions Judge, Solapur in Sessions Case No. 125 of 1997 against him on 31st July 1997.

(2.) THE prosecution case briefly stated is as follows : on 18th March 1997 at about 1 OClock in the afternoon Police Inspector, L. C. B. Solapur, P. W. 13 received information that the appellant was coming by an ambassador car to his house situated in Dhor Galli, Solapur, carrying ganja. He immediately gave intimation about the said information to his Superior A. C. P. Patil and the Special Executive Magistrate A. C. P. M. K. Bhosale and obtained their permission. He immediately deputed some police staff to the said place. He then called two panchas to his office and explained them about the information. Thereafter the said Police Inspector, two Panchas, A. C. P. Patil and A. C. P. Bhosale, Special Executive Magistrate and other staff members including the Police Photographer proceeded for raid. First the raiding party went to Sadar Bazar Police Station and recorded the information received by him in the station diary of the said police station. This information was given at that police station to P. S. O. who entered the said information in the station diary which is marked Exhibit 29. From there the raiding party went to the place where the suspect was to arrive. After the raiding party reached the spot one ambassador car came to Dhor galli and stopped by the side of the road. The person who was driving the car came out and went inside the house and returned back with a cover of the car which he put on the car and again went back inside the house. When the raiding party called out the name of the appellant he came out of the house. He was informed about the purpose of the raiding party to have search of the car. The raiding party offered their personal search to the appellant in the presence of the Executive Magistrate, informing him that A. C. P. Bhosale who was accompanying them was an Executive Magistrate. When the appellant declined to take their search he was asked to remove the cover of the car and open the door of the car. The car was found containing one plastic bag of white colour behind the front seat and one green coloured suitcase was found on the right side of that set. The bag and the suitcase were found containing ganja. Thereafter the appellant opened the dicky of the car. Three gunny bags full of ganja were found in the dicky. Besides the gunny bags one package of ganja was found in the dicky. That package was of blue colour plastic paper. Weighing operator was called on the spot. From each bag a sample of 1 kg. ganja was taken out and paper labels were pasted on the sample packets as well as on the suitcase and gunny bags and the package with blue coloured plastic cover. Search of the house of the appellant was taken but no contraband was found. The articles were seized and panchanama of seizure was made which is Exhibit 27.

(3.) WHEN the accused was interrogated he disclosed that he was to carry that ganja to one Mohan shinde, who was accused No. 2 before the trial Court but had been acquitted. The ganja was to be taken to the field of father-in-law of accused No. 2 which was to be shown to him accused No. 2. This information given about accused No. 2 was recorded by P. W. 13 and they went to the village of the accused No. 2. In the hut of the brother-in-law of accused No. 2 in the field of one Bhise, one gunny bag containing ganja was found which was seized under the panchanama. In respect of that, crime was registered at Chandachan Police Station in Karnataka Sate.