YANIV COHEN, (ISRAELI NATIONAL), PRESENTLY LODGED IN CENTRAL JAIL, AGUADA, SINQUERIM, BARDEZ, GOA Vs. STATE OF GOA, AS REPRESENTED BY OFFICER

JUDGEMENT

(1.) (Oral)- The Appellant/Accused being aggrieved by the Judgment of the learned Special Judge, Narcotic Drugs and Psychotropic Substances Court, Mapusa, Goa, convicting him for an offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs.1,00,000.00, in default of payment of fine Simple Imprisonment for six months, has filed the present Appeal challenging his conviction and sentence.

(2.) The facts in brief as are necessary for the decision of this Appeal are set out hereunder:-

(3.) On the next morning, P.W.5, P.I. Uday Naik, forwarded two sealed envelopes to the Laboratory through Crime Branch. On 10th March, 2001, another panchanama at Exh.58 was drawn. The sample sent for analysis was received by P.W.2, Krishna Shetgaonkar, along with the covering letter at Exh.24. P.W.2, Krishna Shetgaonkar, has acknowledged the receipt of the samples on the said letter. On the same day i.e. on 10th March, 2001, he placed the sealed envelope in a sealed cupboard under lock and key and on 13th March, 2001, along with PC. Buckle No. 2876 and P.C. Buckle No.4476, the sample so received was sent for analysis. The sample so received was received on 19th March, 2001, by P.W.1, S. N. Rasool, Junior Scientific Officer of Central Forensic Science Laboratory, Hyderabad. P.W.1, S. N. Rasool, examined the samples on 21st March, 2001 and found that the seals were intact and tallied with the specimen sealed impression. He opened one sample which contained two tablets weighing .3195 gms. He opened the second sample which contained 691 tablets weighing approximately 115.9956 gms. He analysed both the tablets from the envelope and took 50 tablets as representative sample from the other envelope. P.W.1, S. N. Rasool, by his report at Exh.21 opined that the tablets examined by him were identified as N-Methyl methylenedioxyamphetamine.