NANDLAL SHYAMDAS S/O SHYAMDAS R/O CHARMANTAN POST TEHSIL ANNEI DIST KULLU H P PRESENTLY IN CENTRAL JAIL AUGADA SINQUERIM GOA Vs. STATE OF GOA AS REPRESENTED BY OFFICER-IN-CHARGE ANTI NARCOTIC CELL P S PANAJI GOA

JUDGEMENT

(1.) This appeal is by an accused against judgment and order of the learned Special Judge, Narcotics Drugs and Psychotropic Substances Court, Mapusa (NDPS Court) sentencing the appellant to rigorous imprisonment for ten years and to pay a fine of Rs. One Lac and in default to undergo rigorous imprisonment for a further period of six months for an offence punishable under Section 8(C) read with Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) The appellant has been found in illegal possession of 1.125 Kg. of a substance, which has been found to be Charas, near Arpora Market Junction, Arpora, Bardez-Goa between 9.15 hrs. to 12.15 hrs. on 02.02.2008. Initially, this appeal was heard by learned Single Judge of this Court who, by order dated 31.03.2010 found himself unable to agree with the judgment of the other learned Single Judge of this Court in Criminal Appeal No. 20/2009 Yair Daniel Lavon ..vs.. State of Goa decided by Mr. N. A. Britto J., on 16.10.2009 and, therefore, took a view that the appeal can be more advantageously heard by a Bench of two or more Judges. The appeal is, thus, placed for decision before us under Chapter I Rule 7 of the Bombay High Court Appellate Side Rules for decision.

(3.) At the hearing, Mr. D'souza, learned counsel for the appellant, stated that the appellant does not challenge the recovery of contraband from the appellant but merely wishes to challenge the conviction and sentence under Section 8 (c) read with Section 20 (b) (ii) (C) of the NDPS Act, on the ground that the evidence is not sufficient to establish the charge that the appellant was found in possession of commercial quantity of Charas and was, therefore, liable for punishment for a period of ten years. It may be noted that Section 20 of the NDPS provides for graded punishment directly proportionate to the quantity of contraband found with the accused. Section 20 reads as follows: