GOPAL BAHADUR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order of the learned Special Judge, N.D.P.S. Court, Mapusa dated 12/16 July, 2004 by which the appellant hereinaccused has been convicted and sentenced under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act, for short).

(2.) THE case of the prosecution, briefly stated, is that the accused was found carrying a consignment of 1015 grams of charas at about 23.00 hrs. near petrol pump at Anjuna, Goa. The raid was conducted upon prior information received by Pw.5/P.I. Vincy Paes of Anti Narcotic Cell Police Station (ANC PS). As per Pw.5/P.I. Vincy Paes, on 14.12.01 at about 19.00 hrs. he had received specific and reliable information that a person of about 22 years of age, strong built, fair complexion would come to deliver consignment of charas to his customer between 23.00 hrs. and 23.30 hrs. near the petrol pump which information he reduced into writing and copy thereof handed over to Pw.6, the then Dy. S.P. Shri D'Souza and thereafter at about 20.00 hrs. he sent a constable to secure panch witnesses and who returned with one Caetano Jose Vaz and Shrikant Lokre/Pw.4, whom he requested to act as panchas and told them about the receipt of the said information and about a copy of the same having been handed over to Pw.6/Dy. S.P. D'Souza and then introduced them to the raiding party and thereafter left the Police Station at about 21.45 hrs. in a police jeep and a private Maruti car alongwith the seal of ANC , Panaji, Goa1, the kit box containing packing, sealing material, etc. and a typewriter and reached Anjuna at 22.30 hrs. and after parking the vehicle, they concealed themselves near the petrol pump and at about 1.00 a.m. of 15.12.01 they saw a person walking from Vozrant towards Anjuna petrol pump with a polythene bag in his right hand and as his description tallied with the given description, they surrounded him and identified themselves and asked him for his name and particulars and the said person gave his name as Gopal Bahadur, s/o Singraram Bahadur, presently residing at Arpora, native of Nepal and thereafter he told the accused about the receipt of the reliable information and that he wanted to take a personal search of the bag he was carrying and he told him that the accused had a right to search the raiding party and the panchas including himself, which the accused declined.

(3.) AS per Pw.5/P.I. Vincy Paes, he prepared a letter at the spot addressed to the Director of Food and Drugs Administration on which he affixed the specimen seal impression. He also stated that he prepared a letter addressed to Pw.6, Dy. S.P. D'Souza handing over the seal to him and returned at the Police Station at about 6.00 hrs. with the accused and the seized article and registered the seized article on the muddemal register and at about 9.30 a.m. forwarded the sealed envelope to the office of C.I.D., Crime Branch, Panaji, for onward despatch to the Director of Food and Drugs Administration. As stated by him, from the time he returned to the Police Station with the sealed contraband till the time of despatch to the laboratory, the sealed envelope remained in the locker, under his control. He also stated that he sent intimation Exh.36 to Dy. S.P. D'Souza as required under Section 57 of the Act.