HENRY KEIRO Vs. STATE OF GOA

JUDGEMENT

(1.) APPELLANT a Kenyan National challenges the judgment and Order dated 23rd March 1993 whereby he was convicted under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Upon conviction he is sentenced to 10 years of rigorous imprisonment and fine of Rs. 1 lakh and in default of payment of fine to undergo further imprisonment of 6 months.

(2.) IN the Sessions Case No. 3/91 appellant was charged for being in possession of 95 gms. of Charas of the value of Rs. 1,900/- in contravention of Section 8 of the N. D. P. S. Act upon discovery of the drug by the officers attached to Calangute Police Station on 30th November 1990 at about 4. 00 p. m. near Verma Guest House at Calangute, Goa.

(3.) IN support of the case that the appellant possessed 95 gms. of Charas, the prosecution have examined 3 witnesses out of whom Maria Caldeira (P. W. 1) is a Junior Scientific Officer attached to the Directorate of Health Service. She has been examined to prove the analytical report for having chemically analysed the sample of charas separated from and out of the quantity of 95 gms. pursuant to attachment panchanama executed by the Calangute Police. Not much reference is required to this witness for it clearly establishes that the sample analysed by her reveals that it is ch a ra s.