DIPAK NARSINVA BHAT Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20th February, 1993, in Sessions Case No. 12/92 by the Additional district and Sessions Judge, South Goa, Margao, whereby the appellant has been convicted under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic substances Act, 1985 and sentenced to undergo two years and six months of Rigorous Imprisonment and to pay to fine of Rs. 1,000 and, in default of payment of fine to undergo a further period of ten months of rigorous Imprisonment.

(2.) THE prosecution case against the appellant was that on 16th february, 1992, the appellant when questioned on a tip that he was dealing in ganja, revealed a little away from his house near a drain, that he had burried 16 kgs. and 50 gms. of ganja in white cement sacks. The ganja was taken in possession under a Panchanama and the appellant was put on trial before the Additional Sessions Judge at Margao. In support of the prosecution case four prosecution witnesses have been examined and they are Nelson Albuquerque (PW 1), who is a Police Sub-Inspector and a member of the raiding party which was headed by Ramesh Angle, another police Sub-Inspector, who is PW 4, Anthony Fernandes, PW 2, who is a panch witness and PW 3, Maria Caldeira who is the Chemical Analyser.

(3.) IT must be made clear at this stage itself that under Section 8 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act" for short), under the leading. "prohibition, Control and regulation", cultivation of coca plant or opium, poppy or any cannabis plant or production, manufacture possession, selling, purchasing, transporting of narcotic drug or psychotropio substance is prohibited. The proviso under that Section enables the Central Government to add ganja as a prohibited item with effect from such a date the Central Government may by notification specify in the Official Gazette. It is common ground that the Notification under the Proviso to Section 8 of the Act is issued cm 29th May, 1989 bringing about prohibition on ganja by virtue of the proviso to Section 8 as from 13th December, 1989, I have made a mention to this aspect of the matter although it has no bearing on the controversy in the present appeal except to say that ganja has been added to the list of prohibited items much after the Act was brought into force,