MANISH KUMAR TAK Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant was found guilty of being illegally in possession of 77 grams of charas and 5 Ecstasy tablets. THE appellant is convicted for offences under Section20 (b) (ii) and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and is sentenced to suffer rigorous imprisonment for 10 years and to pay fine of Rs. 1 lakh on each count. THE substantive sentences have been directed to run concurrently. This conviction and sentence passed by the Sessions Judge, N. D. P. S. Court, Mapusa, dated-22nd June, 2000, in Special Criminal Case No. 11 of 1999 is assailed before me in the present appeal.

(2.) THE brief facts necessary for the decision of the appeal are set out hereunder : - P.W.4 Lavhu Mamledar, who was working as P. I. in the Anti Narcotic Cell Police Station, received certain information on15th January, 1999 that one Rajasthani person having dark complexion and partly orange colour hair comes to Primrose Bar regularly after midnight and after making a deal with the foreigners in the said Bar, he goes out of the Primrose Bar and delivers the drugs to his customers from the cache of drugs concealed outside the Primrose Bar. On receipt of this information, which was specific and reliable, P.W.4 reduced it into writing and the copy of the information so reduced into writing was handed over by P.W.4 P. I. Mamledar to P.W.6 Satish Golcha, Superintendent of Police, through A. K. Teli, Deputy Superintendent of Police. THE said information, Exhibit P.W.4/a was received by P.W.6 Satish and was marked to the Deputy Superintendent of Police, A. K. Teli for necessary action. P.W.4 P. I. Mamledar then secured the presence of two panch witnesses, namely, P.W.3 Gurunath son of Popat Naik and one Uday Babaji Shirodkar. P.W.4 P. I. Mamledar explained to both the panchas and the members of the raiding party that he had received specific and reliable information about one Rajasthani named Manish Kumar Tak and then at9. 00 p. m. the members of the raiding party comprising of police officers and the panchas left for going towards Vagator in a Jeep No. GGE-8. Police Constable Devidas Gawas was entrusted with the responsibility of carrying the kit box containing weighing, packing, sealing materials and also torch light. THE seal of the Anti Narcotic Cell Panaji Goa-1 with the Ashok emblem was carried by P.W.4 P. I. Mamledar. THE raiding party reached Vagator at about9. 30 p. m. and parked the jeep near one Moon Dance Bar. From the said Moon Dance Bar the raiding party walked forwarded the Primrose Bar and concealed their presence by hiding opposite the Primrose Bar. Before leaving the Anti Narcotic Cell, Panaji, P.W.4 P. I. Mamledar had informed Deputy Superintendent of police Teli and had requested him to come directly to the Primrose Bar in a private vehicle to conceal his identity. Deputy Superintendent of police Teli reached Primrose Bar at about11. 05 p. m. in a private car bearing No. GA-02-C-5822. At about11. 40 p. m. the raiding party noticed a person coming out of the Primrose Bar. THE hair of the said person was partly of orange colour and his complexion was dark. THE said person, on coming out of the Primrose Bar, walked near some bushes, picked some thing from the bushes and returned to the Primrose Bar. Again at11. 55 p. m. the said person, who had earlier come out of the Primrose Bar, again came out from the Primrose Bar, walked to some bushes and again took some thing from the bushes and went inside. Since the description of the person who had come out of the Primrose Bar and had gone to the bushes matched with the description received by P.W.4 P. I. Mamledar, the movement of the said person was closely watched. At about12. 35 a. m. the said person again came out of the Primrose Bar, walked to the same bushes and again picked some thing from the bushes. P.W.4 P. I. Mamledar and the other members of the raiding party rushed towards the said person and surrounded him. At that time Deputy Superintendent of Police Teli also came to the spot, which was outside the gate of the Primrose Bar.

(3.) AFTER investigation a charge sheet against the appellant came to be filed. The learned Special Judge, N. D. P. S. Court, Mapusa, framed a charge, vide Exhibit 3, against the appellant for offences punishable under Section20 (b) (ii) and 22 of the N. D. P. S. Act. the appellant abjured his guilt and claimed to be tried. The prosecution examined in all 6 witnesses. P. W.1 Seema Srivastava analysed the samples. P.W.2 Manohar Joshi received the samples for onward transmission to the Central Forensic Science Laboratory. P.W.3 Gurunath Naik is the panch witness. P.W.4 Lavhu Mamledar is the Officer who conducted the raid. P.W.5 P. S. I. Uday Naik transcribed the panchanama and received the muddemal property from P.W.4 for safe custody in the godown of Anti Narcotic Cell Police Station. P.W.6 Satish Golcha, Superintendent of Police was the immediate official superior of P. w. 4 Lavhu Mamledar as the post of Deputy Superintendent of Police in the Anti Narcotic Cell was vacant and P.W.6 Satish Golcha was holding the additional charge of the Anti Narcotic Cell.