FULKUMAR SURATSINGH SIGRAHWA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. Keswani for the appellant and mr. More learned APP for the State. This appeal is filed by the appellant/accused. challenging order of conviction passed by the Special Judge under N. D. P. S. Act for Greater Mumbai vide his judgment dated :2nd August 1999 by which the accused came to be convicted under Section 8 (c)r/w 20 (b) of the N. D. P. S. Act and sentenced him to suffer R. I. for a period of 10 years and to pay fine of Rs. One lac in default R. I. for three months.

(2.) IT was the case of the prosecution that sr. P. I. at Bhandup Police Station received information from their informant on 6. 4. 1999 at about 9. 00 a. m. that one person aged about 32 to 36 years was likely to carry charas concealed in biscuit tin box for selling it to the customers and the said person was expected at 14. 00 hours at Tank Road, Shivmandir, Bhandup. This information was reduced into writing. Copies of the same were sent to the superior officers viz. ACP and DCP Zone VI. As per the directions given by them a raid was arranged by PC Dhande. Two panchas were procured. Their search was taken. Pre-trap panchanama was prepared and, thereafter the police party kept Match near Shivmandir, Tank road, Bhandup. At 14. 10 hours a person resembling to the description was seen coming from Tank Road to Shiv Mandir. He was holding a tin box on his shoulder and as soon as he reached near Shiv Mandir he was surrounded by raiding party. The officers in the raiding party introduced themselves and the panchas to him and the said person was the accused in this case. He was made aware of his right under Section 50 of the N. D. P. S. Act. Thereafter, his search was taken. Nothing was found on his person. But in the tin box 7 kg. 750 gms of charas was found. Samples were taken. They were labelled and sealed at the spot. Panchanama was prepared and, thereafter the samples were sent to the Chemical analyser. It was found containing heroin. Thereafter the accused came to be prosecuted and convicted as stated above.

(3.) MR. KESWANI, appearing for the accused, challenged the conviction on many counts. However, only aspect on which the appeal is required to be allowed is the suspicious nature of the whole matter. For that let us see the sequence of events. Sr. PI Tapse received information from his informant that the person, viz. the accused, with certain description was going to come at Shiv Mandir Tank Roadt Bhandup at 2 "0" clock in the afternoon. P. W. 2 - PSI surendra Kamble, in his evidence, has stated so. According to him, this information was reduced into writing at that time itself and, accordingly sr. PI Tapase informed the superior officers i. e. ACP and DCP Zone VI. The Superior Officers gave directions and informed about carrying the raid. Further! according to this witness, PC Dhande procured tmo persons to act as panch. Their search was taken. Pre-trap panchanama was prepared. According to P. M. 4 - Peer Mohd. Noor mohd. Shaikh, he was attached to Bhandup Police station. On 6. 4. 99 he joined his duty at 8. 30 hours at Bhandup Police Station! Crime Detection branch. On the same day at about 9. 20 hours, sr. P. I. called him to his cabin and directed him to go to the office of Anti N/cell for procuring drug I/kit. A memo was given to him. He handed over the same memo to the Sr. PI Sayyed at N/call azad Maidan and collected the drug I/kit and reached Bhandup Police Station at 11. 80 a. m. He has produced and proved the relevant documents.