MOHAMMED SALIM SALLUDDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Mohd. Salim Salauddin Shaikh has been convicted by the learned Special Judge, Grater Bombay by judgment and order dated 28. 5. 1992 in Sessions Case No. 5360f 1988 for offence under section 8 (c) nw. Section 21 of the Narcotic Drugs and Psychotropic Substances Act 1985 and is sentenced to suffer R. I. for 10 years and to pay a fine of Rs. 1,00,000/ in default to suffer further imprisonment for one year. Against the said conviction and sentence, the appellant has filed this appeal.

(2.) ACCORDING to the case of the prosecution, on 18. 2. 1988 at about 8. 30 p. m. at Senapati Bapat Marg, near Mahim Railway Station, Mahim Bombay, the police party which was on patrolling duty found the appellant-accused moving in suspicious manner. There was a plaster on his right hand. However, there was no sling. Even otherwise also the appellant did not appear to be under any pain due to fracture. He was, therefore, taken to Mahim Police Station and was interrogated. A photographer was called and two panchas were also called. In their presence, the plaster was ripped open. A substance appearing to be charas was found concealed inside the plaster in a polythene paper. That was smelled. It was then measured on a scale. The quantity measured 450 gm. It was seized. Photographs of the process of breaking open the plaster, finding of the concealed polythene bag and its seizue were taken. The panchanama was prepared in respect of the same. Since the material found concealed by the appellant -accused was found to be a prohibited drug, he Was put under arrest. The contraband material was packed, labeled and scaled in the presence of panchas and was deposited with the store keeper at the Mahim Police Station, after making entry in the muddemal register. All these steps since the appellant was found on the road till the muddemal strength of that evidence. Our reasons for the was deposited in the safe custody of the police same are as follows station were taken after informing the Senior appellant was found on the road till the muddemal was deposited in the safe custody of the police station were taken after informing the Senior Police Inspector of the Mahim Police Station and with his prior approval. The statement of- police constable Hanumant Jagtap (P. W. 1) was recorded at the police station and was treated as F. I. R. The appellant was then prosecuted for committing offence under section 8 (c) R/w section 21 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as the N. D. P. S. Act) and in due course was tried by the learned Special Judge.

(3.) THE defence of the appellant was one of complete denial of the offence. From his statement it appears that he was about 30 years old and was homeless. He stayed on the footpath opposite Mahim dargah. According to him on 17. 2. 1988 he was performing a snake show on the road near the dargah and from there he was taken to the police station by a constable and put up in the lock up. He was detained for three days and during that time the police put a plaster on his hand and took photographs and he was falsely implicated in this case. According to him he was innocent. He described the photographs to be false.