2013 (4) ABR 951 ::2014 AllMR(CRI) 156

Bombay High Court

Hon'ble Judge(s): R. P. Sondurbaldota , J

( A ) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) S. 20 (b)(ii)(B), 20(b)(ii)(C) — Possession of Charas — Offence of — Seizure of 115 gms. Charas from pant pocket of accused and 1.2 Kg. Charas from shoulder bag of accused — Conviction of accused under S. 20(b)(ii)(B) and S. 20(b)(ii) (C) by treating two recoveries as separate offences, not proper — S. 20(b)(ii) (C) relates to offence involving commercial quantity and S. 20(b)(ii) (B) relates to offence involving quantity lesser than commercial quantity — Merely because during the same search, contraband had been found from two separate places, there could not have been separate convictions of accused under two sub-sections — Conviction under Section 20(b)(ii) (C) covered the conviction and sentence for possession of lesser quantity. (Paras19)

( B ) Criminal P. C. (2 of 1974) S. 154 , 161 — Narcotic Drugs and Psychotropic Substances Act (61 of 1985), S. 20(b)(ii)(C) — Possession of Charas — Offence of — Two calls received by police separated by interval of ten minutes — First telephone call received by police merely referred to some incident taking place at Anjuna — Second call mentioned that a person was assaulted at Anjuna for selling drugs — Second call would be call giving information about commission of offence under NDPS Act (1985) — Information from second telephone call is to be treated as F.I.R. for commission of offence under NDPS Act (1985) — Failure to produce information from second telephone call as F.I.R. — Entire trial would be vitiated for non-production of material and relevant evidence. (Paras8910)

( C ) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) S. 50 — Search and seizure — Recovery of Charas from possession of accused — Panch witness was stock witness of police — Defect in search and seizure — Details of search and seizure found missing in station house diary — Recovery of Charas from possession of accused becomes doubtful. (Paras13141516)