VIKRAM REDDY Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant, who stands convicted for an offence punishable under sections 20 (b) (ii) and 22 of the N. D. P. S. Act, 1985, and is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- in default to undergo simple imprisonment for one year on each count, has filed the present appeal challenging his aforesaid conviction and sentence as recorded by the Special Judge, N. D. P. S. Court, Mapusa, by judgment dated 26th December, 2000, in Special Criminal Case No. 10 of 2000.

(2.) THE facts necessary for the decision of the appeal are set out hereunder: on 20th December, 1999, at about 5. 00 p. m. , two panch witnesses P. W. 3, Ashok Bhosale and one Shivnath Naik, both Government servants from the office of the Director of Agriculture were called to the Anti Narcotic Cell Police Station by P. W. 6, P. I. Lavu Mamledar, by his letter dated 20th December, 1999 addressed to the Director of Agriculture, Panaji, Goa. The said two panch witnesses were introduced by P. W. 6, P. I. Lavu Mamledar to P. W. 4, P. S. I. Uday Naik. P. W. 4, P. S. I. Uday Naik, informed the two panchas that they were called to the Anti Narcotic Cell Police Station, Panaji, to accompany P. W. 4, P. S. I. Uday Naik and the other members of the raiding party for a raid. At about 9. 55 p. m. , P. W. 4, P. S. I. Uday Naik, introduced the panchas to the members of the raiding party which comprised of Superintendent of Police, C. I. D. Karnail Singh, Superintendent of Police Shrivastav, Deputy Superintendent of Police Shri Sirish Thorat, P. W. 6 P. I. Lavu Mamledar, Police Constables Devidas Gawas, Chandrashekhar Amonkar and Sandeep Shirvaikar. Thereafter, at about 10. 00 p. m. , the raiding party consisting of the Police Officers and the panch went to the Anjuna and Vagator area, P. W. 4, P. S. I. Uday Naik, carried with him the seal of Anti Narcotic Cell Panaji, Goa 2 with Ashoka emblem. Police Constable Devidas Gawas carried with him a kit box containing packing, weighing and sealing material and flash lights. Police Constable Chandrashekhar Amonkar carried a typewriter. The raiding party which had gone in two jeeps reached Anjuna at about 10. 30 p. m. They went near the Prim Rose Bar and Restaurant at about 1. 15 a. m. in the morning of 21st December, 1999. They parked their vehicles and alighted and at about 1. 25. a. m. , they saw two persons near the gate of Prim Rose Bar and Restaurant whom they suspected of having drugs in their possession. P. W. 4, P. S. I. Uday Naik, therefore, told the other members of the raiding party that the search of the two persons should be taken. The members of the raiding party rushed towards them and surrounded them. P. W. 4, P. S. I. Uday Naik, identified himself as a P. S. I. of Anti Narcotic Cell Police Station (hereinafter referred to as ANCPS for the sake of brevity) and also introduced the other members of the raiding party including the panchas. P. W. 4, P. S. I. Uday Naik, then told the said two persons that he wanted to take their search for drugs as he suspected that they were possessing drugs. P. W. 4, P. S. I. Uday Naik, asked their names. The first person disclosed his name as Vikram Reddy, resident of Mumbai and presently staying at Anjuna, Goa. P. W. 4, P. S. I. Uday Naik, then asked the name of the other person who disclosed his name as Ameet Dhurandhar of Bombay presently staying at Anjuna, Goa. The appellant was carrying a shoulder bag on his left shoulder. Before taking the personal search of the appellant and the other person, P. W. 4, P. S. I. Uday Naik, informed the said two persons that they have a right to be searched in the presence of either a Magistrate or a Gazetted Officer but the appellant and the other person declined the offer. P. W. 4, P. S. I. Uday Naik, also informed them that they had a right to search the members of the raiding party including the panchas but even this offer was declined. The appellant agreed to be searched in the presence of the members of the raiding party. It was at 1. 35 a. m. in the morning of 21st December, 1999, that the search of the appellant commenced. On instructions of P. W. 4, P. S. I. Uday Naik, the appellant handed over the shoulder bag to him and the search of the shoulder bag revealed a black colour substance. The said black colour substance was in different sizes and shapes attached to each other and was partly wrapped in a polythene paper. P. W. 4, P. S. I. Uday Naik, informed that the black colour substance was suspected to be charas and on weighing, it was found to weigh 107 grams. The black colours substance was then packed by putting it in an envelope and sealed with the seal of Anti Narcotic Cell Panaji, Goa 2 with Ashoka emblem. The envelope was signed by P. W. 4, P. S. I. Uday Naik, the two panchas, the appellant and Dy. S. P. Shri Shirish Thorat. The said envelope was marked as sample No. 1. Further search of the hand bag revealed some tablets wrapped in polythene paper. The tablets were of creamish colour and these tablets were put in an envelope packed, sealed and signed by following the same procedure as was followed in respect of the packing and sealing of 107 grams of charas. The envelope containing these tables was marked as sample No. 2. Indian Currency of 2600 and currency of 100 U. S. Dollars and a driving licence of the appellant was also found in the hand bag. These were replaced in the hand bag and the said bag was put in an envelope, packed and sealed. Thereafter, the search of the other accused Ameet Dhurandhar was taken. From the evidence, it transpires that a separate charge-sheet was filed and the accused Ameet Dhurandhar was convicted in the said case.

(3.) P. W. 4, P. S. I. Uday Naik, then informed the accused that possessing drugs without having documents was an offence and they were taken into custody and were explained the grounds of arrest. A panchanama of the entire sequence of events was drawn which is at Exh. P. W. 3/a which is signed by the said two panchas and by P. W. 4, P. S. I. Uday Naik. The panchanama commenced at 1. 35 a. m. and concluded at 5. 35 a. m. on 21st December, 1999. Thereafter, P. W. 4, P. S. I. Uday Naik, prepared a document at Exh. P. W. 1/b, which is the forwarding note. After preparing the document at Exh. P. W. 1/b, P. W. 4, P. S. I. Uday Naik, prepared a document at Exh. P. W. 4/b which is a letter handing over muddemal. Both these documents were prepared at the spot and thereafter, the raiding party returned to the Police Station. On reaching the Police Station P. W. 4, P. S. I. Uday Naik, registered the crime at 9. 30 a. m. vide Crime No. 14/99 under sections 20 (b) (ii) and 22 of the N. D. P. S. Act, 1985, by filing a complaint which is at Exh. P. W. 4/a. Thereafter, the specimen seal and the muddemal property was handed over to P. W. 6, P. I. Lavu Mamledar along with the specimen seal letter. After receipt of the report from the Central Forensic Science Laboratory, Hyderabad, which is at Exh. P. W. 1/c, a charge-sheet came to be filed in the Court.