SARDAR MOHAMMED WALI Vs. P S NAMBOODRI

JUDGEMENT

(1.) THE appellants in the above-mentioned appeals are assailing correctness, propriety and legality of judgment and order passed by the learned Special Judge under Narcotic Drugs and Psychotropic Substances Act for Greater Bombay in N. D. P. S. Special Case No. 604 of 2000, wherein the learned Special Judge had convicted the appellants for offence under Section 8 (c) punishable under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N. D. P. S. Act for convenience ). Appellants-Pramod Sheetal Prasad Kaknani, Naresh Ramswarup Choudhary and Sardar Mohammed Wali Mohammed have been sentenced to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. one lac each, in default of the payment of fine to undergo further rigorous imprisonment for six months each, for each offence. Appellant Naresh Ramswarup Choudhari has been held guilt for the offence under Section 8 (c) punishable under Section 25 of the N. D. P. S. Act and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1 lac and in default to suffer further rigorous imprisonment for six months. The substantive sentences have been directed to run concurrently. The co-accused Nirmala Naresh Choudhari has been acquitted.

(2.) THE prosecution case, in brief, is that the Intelligence Officer of Narcotic Control Bureau, Mumbai, collected information that one Naresh Choudhari (present appellant-Accused No. 2, was residing in flat No. 5, building No. 18, Sector 48, Nerul, Navi Mumbai and was storing narcotic drugs in that flat. The said information was noted down and was forwarded to Divisional Zonal Superintendent, Sri Ajay Ubale, as Superintendent Shri C. I. Mathew and Assistant Director Shri Vijaydharan were not available. Shri Ubale asked Jitendra S. Dubey, who had collected said information and Shri Namboodri to form a unit to search the said flat and to work on the said information. They were to be assisted by other staff members. Out of them, the prosecution has examined Narale, Kanta Tejwani and Mr. Namboodri. Panch witness Shri Pawar has been examined.

(3.) WHEN raiding party went to the said flat and pressed the bell, appellant Naresh Choudhary opened the door and when the member of raiding party entered the said flat, they noticed that two persons and one woman were present in the front room of the said flat. The raiding party informed those present in that flat that they were at liberty to get the said flat searched in presence of Gazetted Officer or Magistrate. But all of them declined, as per prosecution case. The said flat was searched and in the bed room, beneath the bed, a polythene bag containing brown sugar was found. It was seized in presence of panch witnesses and two sample packets each containing 5 grams of brown sugar was packeted and those packets were sealed with paper seals bearing signatures of panch witnesses. All the appellants and Nirmala Choudhary were taken to the office of N. C. B. , where their statements were recorded by concerned officer. The statement of Sardar Mohammed Wali Mohammed was recorded by Shri P. S. Namboodri, statement of Naresh Choudhury was recorded by Shri Jalil Shaikh, statement of Nirmala Choudhary was recorded by Smt. Kanta Tejwani, statement of Pramod Kaknani was recorded by Shri Naral. Shri Naresh Choudhary was arrested on 3-2-2000, while Pramod Kaknani and Sardar Mohammed Wali Mohammed were arrested on 4-2-2000. The seized brown sugar was dispatched to F. S. L. , Kalina, on 7th of February, 2000, as 5th and 6th February, 2000 were holidays. After necessary inquiry the charge-sheet was filed against all four persons and they faced the trial, in which the order of conviction and sentence as mentioned above was passed by the trial Judge, which is the subject matter of challenge.