(1.) Being aggrieved by his conviction by the judgment and order dated 6th May, 2006 for the offences punishable under Section 20(b)(ii)(B) and Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N.D.P.S. Act") the appellant prefers this appeal. On the first charge, he has been sentenced to undergo rigorous imprisonment for one year and pay fine of Rs.10,000/-. For the second charge, he has been sentenced to rigorous imprisonment for 10 years and pay fine of Rs.1,00,000/-.
(2.) The case of the prosecution stated in brief is as follows :-
(3.) About 10 minutes after the first telephone call i.e. at 01.45 hrs one more telephone had been received by the police station that one person suspected to be dealing in drugs near Paradiso, Anjuna was being assaulted by the public. Since the second telephone call referred to assault on a person suspected to be dealing with drugs and since the appellant had refused to get himself admitted to the hospital, P.W.4-the Investigating Officer felt strong suspicion about the appellant.