RAKESH KUMAR SHARMA Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Mr. Singh for the Appellant and Mr. Bawande, the Public Prosecutor.

(2.) THE Criminal Appeal is directed against the judgment and order dated 28 -12 -1999 passed by the Special Judge, N.D.P.S. Court. Mapusa, in Special Criminal Case No. 22 of 1999, where by the Appellant/ accused is convicted for the offence punishable under Section 20(b)(i) of the N.D.P.S. Act, 1985 and is sentenced to suffer Rigorous Imprisonment for 2 years and to pay fine of Rs. 5,000/ -, in default, to undergo another 1 month Simple Imprisonment. The set off is also granted in terms of Section 428 of the Criminal Procedure Code.

(3.) IN the instant case the prosecution has examined in all four prosecution witnesses. i.e. P.W. 1 Mahesh Kaissare, a Junior Scientific Officer of the Food and Drugs Administration, P.W. 2 Manohar D. Joshi, a Scientific Assistant in the Crime Branch of the Police, P.W. 3 Nitin P. Dhond, who is a panch of the scene of offence and P.W. 4 in P.S.I. Patil. The accused also examined one Ravishankar R. Singh as D.W -1. The trial Court after appreciating the evidence adduced by the prosecution, came to the conclusion that the prosecution proved the case against the accused beyond all reasonable doubts for the offence charged under the N.D.P.S. Act and recorded the finding of conviction.