BIM LAMA Vs. STATE OF GOA AND ORS.

JUDGEMENT

(1.) By this appeal the appellant is challenging the judgment and order dated 3rd September, 2013 passed by the learned Special Judge (NDPS Court), Mapusa, in Special Criminal Case No.14/2009. By the impugned judgment, the appellant has been convicted for the offence punishable under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotrophic Substances Act, 1985 ('the Act', for short), and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,00,000/- and, in default thereof to undergo further rigorous imprisonment for a period of one year. The period of detention already undergone, is directed to be set off.

(2.) The prosecution case may briefly stated thus, That on 17th January, 2009 at about 14.20 hrs., P.S.I. Punaji Gawas (PW-6) then attached to the Anti Narcotic Cell had received a specific reliable information that a male, native from Nepal, aged 20 to 25 years, fair complexioned of medium built, wearing long sleeves black colour T-shirt (bearing No.42 on chest at left side), and brown colour corduroy pant, will be coming near Cafe Looda Shack, Bar and Restaurant at Anjuna, Bardez-Goa, along with Charas, to be delivered to the prospective customers. It was the specific information received that the said person would be so coming at about 14.00 hrs. to 14.30 hrs. PW-6 reduced the information into writing and the copy of the same was sent to the Dy. S. P., Anti Narcotic Cell, Mr. Naresh Mahamal. PW-6 Punaji Gawas then secured the presence of two panchas namely Nitesh Valvoikar (PW-3) and one Ramakant Dabholkar. PW-3 Nishant happens to be a clerk working in the Health Department. Thereafter, PW-6 along with the panchas and other police staff had proceeded towards Cafe Looda Shack, Bar and Restaurant at about 13.50 hrs. The jeep was parked at a distance about 100 mts. from Cafe Looda Shack. The members of the raiding party then separated into two groups and they concealed their presence by dispersing around Cafe Looda Shack. At about 14.10 hrs. one person of the description as received earlier, was seen coming towards Cafe Looda Shack, on foot. He was carrying one black colour bag in his right hand. According to the prosecution the said person is none other than the appellant before the Court. On seeing this, PW-6 along with panchas and other members of the raiding party proceeded towards him. P.S.I. Punaji Gawas introduced himself and the other members of the raiding party to the appellant. On enquiry the appellant gave his name as Bim Lama, resident of Nepal. PW-6 P.S.I. Punaji Gawas then explained the appellant about the information received and his intention to carry out personal search / search of the bag, which the appellant was carrying. The appellant was also apprised about his right to be searched in the presence of a Gazetted Officer or a Magistrate. However, the appellant declined the offer. The search of the members of the raiding party was also offered to the appellant-accused, which was also declined. In the meantime, P.C. Vaibhav Mathkar brought the jeep to the raiding spot. It is the material prosecution case, that thereafter the search of the black colour polythene carry bag was carried out, in which two packets packed with brown colour sticky tape were fount. On opening, one packet was found containing greenish black colour sticky substance in circular shape (comprised of 70 pieces) wrapped in transparent polythene. In the second packet, which was packed with a brown colour sticky tape, five auto pressed polythene packets containing greenish black colour sticky substance of different sizes, were found. The 70 pieces found in one of the packets and also the five auto pressed polythene packets, were weighed and they were found 1.870 kgs. The substance found was put in the black colour polythene carry bag and thereafter they were put in the white colour cloth tied with a jute thread and labeled and sealed under the signature of the panchas and PW-6 Punaji Gawas. The appellant put his thumb impression on the same. Further, according to the prosecution cash of Rs.900/- was also found on personal search of the appellant, comprised in one currency note of Rs.500/- and four curency notes of Rs.100/- denomination each.

(3.) The learned Special Court framed charge Exh.5 against the appellant for the offence under Section 8 (c) read with Section 20 (b) (ii) (C) of the Act, to which the appellant pleaded not guilty and claimed to be tried. The defence of the appellant is one of total denial and false implication.