Decided on August 22,2017

Vilasrao Bapurao Deshmukh Appellant


SWAPNA JOSHI,J. - (1.) This appeal is arising out of the judgment and order passed by the learned Adhoc Additional Sessions Judge, Buldana in Special (N.D.P.S.) Case No.7 of 2002 dated 25.04.2003, whereby the learned Special Judge convicted the appellant/accused for the offences punishable under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter it will be referred as 'NDPS Act') and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 50,000/, in default, to suffer rigorous imprisonment for two years. The accused was further convicted under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act and was sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs. 2000/, in default, to suffer rigorous imprisonment for one month.
(2.) I have heard Mr. S.G. Joshi, the learned Counsel h/f Mr. A.S. Mardikar, the learned Senior Counsel for the appellant and Mr. N.H. Joshi, the learned Additional Public Prosecutor for the respondent-State. I have carefully gone through the record of the case.
(3.) The prosecution case can be summarized in nutshell as under :On proceeded to village Janefal along with staff for conducting a raid in concern with prohibition and gambling. He reached there at about 1.30 pm. At that time he received information that, accused Vilasrao Bapurao Dehsmukh resident of Warwand is cultivating Ganja plants in his field 'Pandhari' at village Warwand and he is also selling Ganja plants. On receipt of this information, PW9 along with staff rushed to Police Station Janefal. PW9 appraised about the said information to Police Station Officer Janefal. Accordingly, the entry was recorded in the Register at serial no.25. The said entry was sent to Judicial Magistrate First Class, Mehkar. He also informed to Tahsildar, Mehkar about the said information and requested him to act as a panch being a Gazetted Officer. PW9 called two panchas. He also called weighing machine. PW9 informed about the raid to Superintendent of Police, Buldana and S.D.P.O. Mehkar. The entry in that regard was taken in Station Diary (Exhibit 46). PW9 along with the staff, panchas, two Gazetted Officers and Lady Police Constable proceeded by Police Jeep to Warwand. After halting the Police vehicle, they all proceeded to the field of Vilasrao Deshmukh (accused). The accused was present in his field. PW9 disclosed his intention to conduct the raid in his field. The accused was asked to take personal search of PW9 and the staff. The accused, however, refused for the same. PW9 informed to the accused about the presence of two Gazetted Officers. Thereafter, the raiding party along with accused entered in his field. They found Cotton, Tur, Chilli and Moong crops in the field. On search they found 35 Ganja plants of 4 to 5 feet height. All the 35 plants were uprooted. Those plants were weighed. It was found that the weight of those plants was 9 kgs and 500 gms. Out of 35 Ganja plants, two Ganja plants of 4 ft and 3 inches in height and 500 gms and 150 gms in weight respectively were taken as samples for sending the same to the Chemical Analyzer's office. Those plans were sealed. The remaining 33 Ganja plants were also sealed and panchanama (Exhibit 20) was prepared accordingly.;

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