HILAL AHMED Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant stands convicted for an offence punishable under section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Special Judge, N. D. P. S. Court, Mapusa, in Special Criminal Case No. 28 of 2000, and is sentenced to undergo Rigorous Imprisonment for ten years and to pay fine of Rs. 1,00,000/- in default to undergo simple imprisonment for six months. This conviction and sentence is assailed by the appellant in the present appeal.

(2.) THE brief facts necessary for the decision of this appeal are set out hereunder :-On 8th March, 2000, P. W. 4, Rajan Prabhudessai, P. S. I. received a specific and reliable information, through his sources, that one Kashmiri person, aged about 20 years, who is selling handicraft items at the Anjuna flea market, is selling charas. P. W. 4, Rajan Prabhudessai, P. S. I. accordingly reduced this information into writing and a copy thereof was handed over to P. W. 6, Shrish Thorat, Dy. S. P. of Anti Narcotic Cell. The said information, which was reduced into writing by P. W. 4 Rajan Prabhudessai, P. S. I. is at Exh. P. W. 4/d Colly. Thereafter, P. W. 4, Rajan Prabhudessai, P. S. I. secured the presence of two panch witnesses, P. W. 3, Mayabhushan Nagvekar and one Raju Naik, P. W. 4, Rajan Prabhudessai, P. S. I. informed the said two panch witnesses that he had received specific and reliable information and a copy had been handed over to P. W. 6, Shirish Thorat, Dy. S. P. personally by P. W. 4, Rajan Prabhudessai, P. S. I. P. W. 4, Rajan Prabhudessai, P. S. I. then introduced the members of the raiding party which consisted of P. W. 6, Shirish Thorat, Dy. S. P. P. W. 5, Uday Naik, P. S. I. Salim Shaikh, P. S. I. Head Constable P. T. Naik, Gurudas Naik, Mohan Naik and two Police Constables. The raiding party consisting of these Police Officers and the panchas thereafter left the Police Station in jeep No. GGE 8 and two private motor-cycles. P. W. 4, Rajan Prabhudessai, P. S. I. carried with him a seal of Anti Narcotic Cell, Panaji, Goa -4 with Ashoka Emblem while Head Constable Mohan Naik carried with him a typewriter of Anti Narcotic Cell Police Station and Police Constable Sadashiv Shetye carried with him a kit box containing packing, sealing and weighing material etc. The raiding party reached Anjuna at 2. 00 p. m. and parked their vehicles and went towards Dando Anjuna.

(3.) THE raiding party reached the flea market and concealed themselves near the area where the Kashmiris have their handicraft stalls. They had reached the flea market at about 2. 25 p. m. P. W. 4, Rajan Prabhudessai, P. S. I. spotted one person whose description tallied with the description he had received. At about 2. 55 p. m. , they saw the said person talking to a foreigner and then hurriedly going back to the rear of the stall and from the sands, he removed something and put it into his right hand side pant pocket. While the said person was coming towards the stall, the raiding party immediately rushed and surrounded him. P. W. 4, Rajan Prabhudessai, P. S. I. introduced himself to the said person and on asking, the said person disclosed his name as Hilal Ahmed, resident of Kashmir and presently staying at Calangute, Goa. P. W. 4, Rajan Prabhudessai, P. S. I. then told him that he had received specific and reliable information that he was selling charas and wanted to take his personal search. P. W. 4, Rajan Prabhudessai, P. S. I. then introduced the members of the raiding party including the panchas. Before commencing the search, P. W. 4, Rajan Prabhudessai, P. S. I. apprised the said Hilal Ahmed that he had a right to be searched in the presence of a Gazetted Officer or a Magistrate and also that he had a right to take the search of the members of the raiding party including the panchas. The said Hilal Ahmed declined either to have himself searched in the presence of a Gazetted Officer or a Magistrate or to take the search of the members of raiding party. P. W. 4, Rajan Prabhudessai, P. S. I. noticed that the said person was wearing a bluish colour long sleeve shirt and a dark blue pant. During the personal search of the said person, P. W. 4, Rajan Prabhudessai, P. S. I. found two pieces of greenish dark brown substance in the right hand side pant pocket of the said person. After observing and smelling the same. P. W. 4, Rajan Prabhudessai, P. S. I. informed the members of the raiding party that the said substance was suspected to be charas. The said substance was weighed and it was found to weight 15 grams. The substance was then put in an envelope which was sealed with seven seals of Anti Narcotic Cell, Panaji, Goa-4 with the Ashoka Emblem. The said envelope was signed by P. W. 4, Rajan Prabhudessai, P. S. I. , P. W. 3, Mayabhushan Nagvekar and the other panch Raju Naik. The accused, from whose possession the said substance charas was said to be recovered, declined to sign the envelope.