PRADEEP PREMCHAND KUMAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant appeals against the order dated 9th March, 1993 whereby he has been convicted in Special Criminal Case No. 48/92 under Section 20 (b) (ii) of the N. D. P. S. Act 1985 and sentenced to undergo 10 years of rigorous imprisonment and in addition to pay a fine of Rs. 1,00,000/- in default of payment of fine to undergo further imprisonment for one year.

(2.) THE story of the prosecution is that on 15th January, 1992 the raiding party belonging to Anti- Narcotic Celled by P. 1. Allen DSa apprehended the appellant at about 11. 50 a. m. during which he made a disclosure that he had charas kept in a dark blue flask in a restaurant known as Shiva Dens Inn Restaurant; that a large quantity of 1. 5 kg. of charas of the value of Rs. 60,000/- was recovered from the flask which was in the kitchen of that restaurant. It is further the case of the prosecution that at the relevant time one Birbal Premchand Bodh alias Tinsingh and Harish Juberam Thakur were found in the said restaurant and who disclosed that the appellant is the owner of the business. It is also the case of the prosecution that the premises where the restaurant carries on its business are owned by one Denis Paulo D Mello. This emboldened the Police, the raiding party to haul at all the above mentioned persons on a charge that the appellant and the aforementioned Birbill and Harish were in possession of 1. 5 kg. of charas in contravention of Section 8 of the N. D. P. S. Act and further that Dennis Paulo D Mello being the owner of the restaurant premises having permitted the same to be used for commission of offence is also liable for trial under sections 25 and 29 of the Act.

(3.) IT is common ground that the trial Judge did not find any evidence against the aforementioned birbal, Harish and Denis with the result they came to be acquitted. The trial Court found that the accused had himself discovered 1. 5 kg. of Charas from a flask lying in the kitchen of Shiva Dens Inn and therefore contravened the provisions of section 8 and punishable under section 20 (b) (ii)of the Act.