FIR No 30 of 2023 NDPS Act section 20(B)IIA & 8(c) samta nagar police station

Complainant:  Kishor Bapu Bitke

Address: C/303, Siddhivinayak CHS, Hanuman Nagar, Palghar, Vasai West, Mumbai  

Sections invoked: 20(B)IIA & 8(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985

First Information Report: C R No 030 of 2023, Samta Nagar Police Station, Kandivali East, Mumbai 400101 

Date: January 13, 2023

Accused: Sanjay Harilal Vishwakarma, aged 44 years, resident of Drongiri chawl, Nalanda Buddha Vihar, Damu Nagar, Kandivali East, 400101, Mumbai 400101

the gist of the complaint: Translated from Marathi to English on best effort basis.

The Complainant, aged 33, resides at the address mentioned above, joined the Mumbai Police department in 2009, and is presently serving in the Anti-terrorist squad at Samta Nagar Police Station since 2021.     

The Complainant appeared at the police station for day duty on 13/01/2023 at 9:00 am. At about 2:15 pm while Police sub-inspector Mr.Tanpure, Hawaldar 00257/Bandre, Sepoy 111187/Supekar and the Complainant were patrolling in Police Station Precinct near the Railway Guard wall, next to Cobbler’s shop, Kandivali Railway Station, Kandivali East, Mumbai, They saw a person was standing with black carry bag, in a suspicious manner.

After that, Police Sub-Inspector Tanpure gave such information to day shift Police Inspector Mr. Pushpak Ingale. Police Inspector Mr. Pushpak Ingale arrived on the given spot and then asked Hawaldar 00257/Bandre to get two PANCH (Witness). After that, Hawaldar 00257/Bandre came with two PANCH (Witness) in a short time. Police Sub-Inspector Mr. Pushpak Ingale introduced both the PANCH (Witness) to our police team and explained the purpose of calling them to the said place, the PANCH agreed to appear as witnesses.

After keeping watch on him for some time, Police Inspector Mr.Pushpak Ingale ordered to take him into custody. Accordingly, the Anti-terrorist squad officers detained him. After that, Mr. Pushpak Ingale identified himself, the panchas (witnesses), and the police team to the accused. Then accused was asked about his name, age, occupation, and address, he gave his name as Suryakant Nandkishor Yadav, aged 21 years and, his address as above.

Police Inspector Mr. Pushpak Ingale asked “What is in a black colored plastic bag?” to which the accused replied that it is “Ganja”. After that, Police Sub-Inspector Tanpure inspected the bag in his hand and found brownish material attached to the stems like leaves, flowers, seeds, and shrubs inside the bag. At that time, Police Inspector Mr.Pushpak Ingale informed the incident to Senior Police Inspector Mr. Rane as well as to Deputy Commissioner of Police for Samata Nagar Division.

Subsequently, Police Sub-Inspector Mr. Tanpure sent the Complainant to fetch writing material for sealing, labeling, a laptop, a portable printer, brass stamp from Samata Nagar Police Station, Mumbai. Then Mr. Pushpak Ingale sent sepoy 111187 / Supekar to fetch an electronic weighing scale from Anti-Narcotics Branch, Kandivali.  Shortly thereafter complainant (Bitke) & Supekar returned to the spot with the required materials.

After that, Police Inspector Mr. Pushpak Ingle gave a written letter explaining the purpose of the body search to the accused and also informed that under section 50 of the NDPS Act 1985, the accused have the right to be searched before a nearby magistrate or gazetted officer.  So accordingly, arrangements need to be made, At that time accused denied it and verbally told the PANCHAS (WITNESSES) that he had no objection to an immediate search.

After that accused signed the letter given, to confirm that he has received a copy and understanding of the search on the spot, which was then signed by both Panchas (Witnesses) as witnesses. After that Police inspector, Mr. Pushpak Ingle gave an opportunity to the accused to search the police team and the PANCHAS (WITNESSES) with his hands before searching his body. Accused verbally denied it  

Then the Accused person’s body was searched, accordingly, the black colored bag in his hand was examined, it was found to contain strong-smelling material containing leaves, flowers, and seeds. Again before both the Panchas (Witnesses), accused was asked about what is there in the bag, to which he replied “Ganja”

After that, right before the Panchas (Witnesses), all the Ganja including the black bag in the possession of the accused was weighed on a scale and it was found to be 267 grams (worth approx. Rs.2,670/-). The said plastic bag with ganja was kept in a large pistachio paper envelope. Then label containing the signatures of both Mr. Tanpure and Panchas (Witnesses) was affixed on it, afterwards, all four sides of the envelope were closed with thread, and applied hot lacquer on the knot of such thread. Finally, stamped and sealed it with the Brass stamp of Samata Nagar Police Station, Mumbai, and named it Exhibit “A”.

Mr. Tanpure searched the accused body again and found cash of Rs. 200 (2 Indian currency notes of Rs.100), which is similarly sealed  signed & stamped as that of a Plastic bag containing Ganja, and named it to exhibit “A-1”

After that accused was suggested whether he would like to bear his own signature or mark on the label of the aforesaid exhibit seized from him, to which the accused said “YES”, and signed on the paper label. After that Mr Pushpak Ingle asked the accused (before the PANCHAS (WITNESSES)) from whom he got the narcotic substance ganja, to which he gave vague answers.

The accused was then taken into Police custody from the spot. Mr. Pushpak Ingle explained the reasons for his arrest and explained that if there is any complaint regarding his search, seizure, and arrest, he will be produced before the nearest magistrate, to which the accused replied “no need”. Thereafter, the said goods are confiscated by the police team for further legal action.

On the spot, Panchnama was done by Mr. Tanpure on 13/01/2023 at 4:40 pm, after typing and completing it on the spot, the officer took out a copy of said Panchnama on Printer.

After that, Mr. Tanpure read & explained it before both Panchas (Witnesses). The Panchas (Witnesses) signed the same, as they were correct according to the circumstances and Mr. Tanpure signed it as a witness. Also, one copy of it was given to the accused and the accused signature was obtained on the original Panchnama.

After that, the police team came to Samtanagar Police Station with the accused along with the items collected from him.

The Complainant lodged a legal complaint against the accused on behalf of the government as the accused was caught illegally in possession, transporting, and selling Ganja, a narcotic drug, weighing 267 grams without a license.

Police Registered the case and took up the investigation The case is being investigated by the Police officer namely Mr. Amol Tanpure.

The Complainant’s statement was recorded in Marathi, and it was explained to him in his language, and he confirmed the veracity of the same.