SHRI RUFFUS LEO MANUEL Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is filed by the accused against the Judgment dated 12.05.04 of the learned N.D.P.S. Court at Mapusa convicting him under Sec. 20(b)(ii) of the N.D.P.S. Act, 1985 (Act, for short) and Order dated 9.06.04 sentencing him to undergo R.I. for five years and to pay a fine of Rs.50,000/and in default to undergo S.I. for six months under Sec. 20 (b)(ii) r/w Sec. 20(b)(ii)(B) of the N.D.P.S. (Amendment) Act, 2001.

(2.) The case of the prosecution was that on 30.1.01 at 15.00 hrs., P.S.I. Prabhudessai of A.N.C. P.S. (Anti Narcotic Cell Police Station) received specific and reliable information that a person of a particular description [which later on fitted the accused] would be coming near Centurion Bank, Calangute between 22.00 to 23.00 hrs. on the same day to deliver a consignment of charas and the said information was reduced to writing and a copy of which was handed over to Dy.S.P. Shri D'Souza and pursuant to the said information P.S.I. Prabhudessai proceeded to Calangute at about 20.05 hrs. along with panch witnesses and police officers and at about 22.20 hrs. when the accused being the person of the given description, came from Calangute bazaar, he was surrounded and when his personal search was taken it was found that he was carrying a white colour polythene bag in which 1.25 kgs. of charas [written as 1.025 grams and then changed to 1.025 Kgrams] were found which were packed and sealed in the presence of panchas, but the accused refused to sign the panchanama or other documents. The accused was also found with cash of Rs.130/and thereafter the accused was taken in custody.

(3.) To prove the charge against the accused, the prosecution examined P.W.1 Kaissare, the Junior Scientific Officer who had analysed the said article found with the accused, P.W.2 P.S.I. Shet Gaonkar who had forwarded the said charas to P.W.1 Kaissare in the Directorate of Food and Drugs Administration where after having received the same from A.N.C. P.S., P.W.3 Zuwarkar and P.W.4 Gaonkar being the panch witnesses, who at the relevant time were working as Lascars Peons in N.C.C. Office, Goa Battalion, Panaji, P.W.5 P.S.I. Prabhudessai, P.W.6 Dy.S.P. D'Souza and P.W.7 P.S.I. Uday Naik.