ROQUE Vs. STATE

JUDGEMENT

(1.) Appellant is challenging the judgment dtd. 28/10/2021 passed by Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015. By this judgment, the Appellant/Accused was found guilty for the offences punishable under Sec. 8(c) and Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and accordingly, convicted for the said offences and further, sentenced to suffer rigorous imprisonment for a period of ten years and to pay fine of ?1,00,000/-. In default of payment of fine, Accused was further directed to undergo imprisonment for one year.

(2.) Heard learned Counsel Ms Caroline Collasso with Advocate Mr Kamlakant Poulekar for the Appellant and Mr Pravin Faldessai, learned Additional Public Prosecutor for the Respondent.

(3.) According to the charge framed against Accused, the case of the Prosecution is that on 20/12/2014, between 20:15 hours to 24:00 hours, at Blue Colour Kiosk, having Glowing sign board of Amul, situated at Starco Junction at Anjuna, Bardez, Goa, Accused was found in illegal possession of 24 pieces/papers weighing 0.25 grams suspected to contain LSD being commercial quantity and without any authority. Accordingly, FIR was registered on the same day vide Crime No.27/2014 by ANC Police Station, Panaji. After investigation, charge-sheet was filed before the NDPS Court at Mapusa which was registered as Special Criminal Case No.22/2015. On framing of charge and explaining it to the Accused, he pleaded not guilty. During trial, Prosecution examined seven witnesses. Accused denied entire case of the Prosecution while answering questions put to him under Sec. 313 Cr.P.C. Accused did not step into the witness box. The learned Trial Court found the Accused guilty for possessing commercial quantity of LSD and accordingly sentenced him to suffer ten years imprisonment and to pay fine of ?1,00,000/- under Sec. 22(c) of NDPS Act.