ANDREW FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 25 of 1988 who was convicted and sentenced by the learned Sessions Judge, Margao for an offence under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Sub-stances Act, 1985 to undergo 12 years R. I. and to pay a fine of Rs. one lakh or, in default, to under go 1 year R. I.

(2.) IT seems that on 30. 4. 1986, at 14. 30 hrs. the police party accompanied by panchas raided the residential house of the appellant at Jgorjewaddo, Cortalim. During the search in the house charas weighing 2 Kgs. and 860 gills. were found in his possession.

(3.) ON behalf of the prosecution. P. W. 1 Satish Bandekar has deposed as Panch witness. He has stated that he is hailing from Mapusa and working at Sancoale. On 30. 4. 1980 at about 12. 55 p. m. when he was near the junction at Cortalim waiting for a bus to Panaji, he saw a police party which was including PSI Gaonkar and Dy. S. P. Dilip Kumar when he knew from Mapusa. PSI Gaonkar told that they were going to carry a raid in a house and asked him to stand as a panch witness. Among the police party there was a civilian who was the other panch. Accordingly on being informed that the raid was in the house of one Andrew Fernandes at Cortalim, who is the appellant in this case, they all proceeded there in two vehicles, being on black colour Wolkawagon and the other Mahindra jeep. When they reached Andrews house he was in the varandah and was told by Dilip Kumar about the raid for drugs. Andrew then acknowledged that he had some hams inside and look them in the kitchen wherein beneath a table there was a bag which he picked up and kept on the table. The bag was of brown colour, he had a zip which he opened and from inside removed a plastic polythene bag containing pellets which he was told to be charas out of that about 9 gms. were separated after being weighed and attached along with the rest weighing in all 2 kgs. and 860 gms. and a diary under a competent panchnama immediately drawn in the verandah of the house. P. W. 2 Maria Caldoira, who is the, scientific officer attached to the Foods and Drugs Laboratory of the Government of Goa, also deposed that she had done the testing of the sample received from the office of the I. G. P. in a scaled envelope with a substance weighing 14 gms. Which was found to be charas. P. W. 3, Umesh Gaonkar, who is a police Sub-Inspector posted at Mapusa Police Station like Dilip Kumar who is a Dy. S. P. and SDPO also attached to Mapusa Police Station, deposed that on 30. 4. 1986 when both had gone for a raid of narcotics along with Dy. S. P. Borkar from the Headquarters of police al Panaji wherein Borkar had received all information about the existence of drugs in the-house of Andrew Fernandes at Cortalim, they met the Vasco police party at a junction and headed by PSI Pinhoiro who brought along with him a civilian as panch and also P. W. 1 Satish Bandekar who was known to him at Mapusa and whom he asked to stand as other panch. Thereupon all went in two vehicles to Andrews place and when they reached there he was in the verandah. Either Dilip Kumar or Borkar informed him of the raid of his house for narcotics and offered themselves as well as the rest of the party to be bodily searched before the raid started which he declined to do. Andrew then took them to the kitchen of the house and from undcnlealh a small table existing therein, he removed a brown colour bag which was opened and a polythene bag containing several, balls of charas was taken out and weighed. The total weight came to be 2 kgs. 860 gms. The charas was sealed and attached along with a diary also found after a small portion was separately scaled in order to be sent to the chemical Analyser. P. W. 4 Edward Pinhciro, who is the PSI attached to Vasco Police Station, deposed that on 30. 4. 1986 after receiving a wireless massage from Dy. S. P. Borkar to join him and his party at 12. 30 p. m. at Cortalim, he left the station with one constable and one pancha and joined the party consisting of Dy. S. P. Dilip Kumar and Dy. S. P. Borkar as well as several other constables at a junction. They were in two vehicles, being one a police car and the other a police jeep There was another person, who is the second pancha. They all went to the appellant's house, which is about 5 metres drive from Cortalim junction. There Dilip Kumar explained to the appellant that they had come to raid his house for narcotic drugs and that he could search the members of the party but he declined the offer. When he was told that they had information that he was having prohibited drugs in his house, he himself took them in the kitchen and picked up a brown bag kept below a table existing therein and put it on the table. The bag was opened and was containing balls of charas. Then the materials was brought to the varandah and being weighed it was found to be 2 kgs. 860 gms. He immediately drew a panchnama of the attachment of the substance and separately sealed in an envelope 9 gms. to be sent to the chemical Analyser while the remaining portion was scaled in the polythene bag wrapped in another envelope. The diary was also attached on that occasion.