KUSHAL PURI Vs. STATE

JUDGEMENT

(1.) Heard Mr. Poulekar for the Appellant and Mr. Mahesh Amonkar, learned Public Prosecutor for the State.

(2.) This Appeal is directed against the Judgment and order dated 19/25th November, 2016, made by the learned Sessions Judge, in NDPS Case No.40/2015, convicting the Appellant for offences punishable under Section 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for illegal possession of commercial quantity of charas and sentencing him to undergo imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- and in default, to undergo simple imprisonment for a period of six months.

(3.) The Prosecution case is that on 2nd July, 2015, between 19.10 hours to 21.40 hours, at Agarwado Junction, Pernem, Goa, when the Police team, headed by the Police Sub-Inspector (PSI) Kishor (PW.6) was patrolling the area, they found the appellant (accused) moving in a suspicious manner. On seeing the police, the accused attempted to run away and therefore, chased and apprehended on the suspicion that he might be carrying narcotics. Thereafter, the Panchas were called. A shoulder bag which the accused was carrying, was first searched. In it, the team found two pieces of sticky substance, wrapped in transparent polythene. This was packed and sealed by following the prescribed procedure. This substance was ultimately analysed and found to be 'charas', weighing 1.216 kgs., valued at approximately Rs. 1,50,000/-.