MOHAMMAD ASRAF KOLOO Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is preferred by the accused in Special Criminal Case No. 9 of 2001 against the Judgment/order dated 8-12-2003 convicting and sentencing the accused under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act, for short) to undergo Rigorous Imprisonment for 10 years and fine of Rs. 1,00,000/-, in default to undergo Simple Imprisonment for 1 year w. e. f. 14-12-2000.

(2.) Briefly stated, the case of the prosecution, against the accused is that P. S. I. Gundu Naik of Calangute Police Station had prior reliable information that on 14-12-2000 a person aged about 28 years, 5.6 inches tall, wearing a brown T-shirt and dark colour full pant and carrying a black colour sling bag on his shoulder would be coming to Khobrawado, calangute, near a small chapel situated by the side of Hotel Calangute Mahal for delivery of consignment of charas to his customer at about 19. 00 hours, and, after reducing the said information into writing the said P. S. I. Naik informed Police Inspector Banaulikar, and after confirming the identity, conducted the raid and caught the accused who was found with 1.15 kgs. of charas which were weighed, packed and sealed and the accused was apprised of his right under Section 50 of the Act.

(3.) The prosecution examined 7 witnesses to prove the charge against the accused. P. W. 3, Sebastiao Quadros, P. W. 4, p. I. Gundu Naik, P. W. 5, Dy. S. P. Arvind gawas and P. W. 7, Dy. S. P. Deu Banulikar were examined by the prosecution to prove the factum of accused being caught in possession of the said charas. P. W. 2, Constable Krishna shetgaonkar and P. W. 6, Umesh Shet were examined to prove the factum of safe custody of the seized article after seizure and its onward transmission to the laboratory where they were examined by Junior Scientific Officer, P. W. 1, shri. Kaissare who found, on analysis, that the seized article was in fact charas.