VIJAY DHANBAHADUR THAPA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Khan, learned Counsel appearing on behalf of the appellant and Mr. Rivankar, learned Public Prosecutor appearing on behalf of the respondent.

(2.) This appeal is filed by the accused of Special Criminal Case No. 12/2008 against the judgment, order and sentence dated 04-05/05/2009 passed by the learned Special Judge, Mapusa ('Trial Court') in the said case. The accused was tried for the offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(3.) Case of the prosecution was as under : Police Inspector Ashish Shirodkar (PW8), then attached to Anti Narcotic Cell Police Station, Panaji, Goa, on 05/02/2008, received an information to the effect that one male person of fair complexion, short height, strong built, wearing white coloured half sleeves shirt with brown strips and green coloured pant, aged about 30 to 35 years, will be coming near Petrol Pump Malpem, Pernem, Goa to deliver narcotic drugs i.e. charas to his prospective customers between 16.30 hours to 17.30 hours on the same day i.e. on 05/02/2008. The said information was reduced into writing and placed before the superior officer, Dy. S. P., ANC, Panaji, Shri Dinraj Govekar (PW5). The original information is at Exhibit 22. The Police Inspector (PW8), then, arranged for two pancha witnesses, one of them being Vishwas Satardekar (PW4) and the other being Francisco Carvalho and they were informed about the information received. The police party along with panchas came to the spot and a trap was laid. At about 16.55 hours, a male person of similar description as mentioned in the information was found carrying Olive green coloured nylon bag walking from Pernem market side towards Malpem Petrol Pump. Since the information received by PW8 tallied with the description of the said person, he was surrounded by the members of raiding party. The accused was introduced to the members of the raiding party and was informed about the information received and the intention of the police officers to take his personal search and to search the olive green coloured nylon bag carried by him. The accused was also informed about his right to be searched in the presence of Gazetted Officer or a Magistrate, but the accused declined to avail of such opportunity and hence, PW8 continued with his investigation. Upon search of the said bag, it was found containing some black coloured sticky substance in rectangular shape auto press transparent polythene packets of size 5 x 4 inches approximately. After counting the said packets they were found to be 180 in number and on verifying and smelling the contents of the said packets, it was found and informed to the panchas and members of the raiding party that the said black coloured sticky substance was suspected to be charas. All the said auto pressed transparent packets were weighed and found to be weighing 18.055 Kilograms (Kgs.). PW8 then checked other four side compartments on each side, but nothing was found. The bag was then repacked as it was found earlier and the said bag along with suspected charas was wrapped in white cloth and tied with jute thread. A label mentioning details was prepared and stuck to the said cloth and sealed on 7 places with the seal of Anti Narcotic Cell Panaji, Goa- I with Ashoka emblem. The said label was signed by the panchas, by PW8 and by the accused. During personal search of the accused, one mobile phone Nokia-1110 of grey-white in colour was found in the front left shirt pocket and the same was also seized in the panchanama. The accused along with the seized property was taken into custody and panchanama and seizure report were drawn and copies of the same were supplied to the accused and the accused put his signature in token of having received the same. This search panchanama is at Exhibit 19 and the seizure report is at Exhibit 20. A letter to the Director, Food and Drugs Administration (FDA) was prepared and sent and the seal impression of Anti Narcotic Cell, Panaji, Goa-I with Ashoka emblem was affixed on that letter. After completion of sealing formalities, the seal of Anti Narcotic Cell, Panaji, Goa-I with Ashoka Emblem was sent with Police Constable buckle no. 5496 namely Ramchandra Kankonkar (PW6) along with covering letter addressed to PW5 to hand over the same to PW5, for his safe custody. The accused and the seized articles were brought to the Anti Narcotic Cell Police Station, Panaji, Goa for further investigation. The Muddemal property concerned in the crime was handed over to Writer L.H.C. Smt. Ashwini Dessai (PW7) under her acknowledgment letter for safe custody. During the course of investigation, the statements of witnesses came to be recorded. PW2, Sushant Naik, the Scientific Assistant received the sealed cloth parcel containing charas from PW6 and he forwarded the same to the office of the Director of FDA, for chemical analysis. Shri Mahesh Kaisare (PW1), the senior Scientific Officer, carried out analysis and certified that the said substances contained charas. The analytical report is at Exhibit 9. PW3, Gaurish Mapari, the Scientific Assistant, received the examination report from the Director of FDA along with sealed cloth parcel containing the balance quantity of the substances. On completion of investigation, charge sheet was filed against the accused before the learned Special Judge for offence punishable under Section 20(b)(ii)(C) of NDPS Act.