MAN BAHADUR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS is appeal against Judgement dated 23-1-1995 in Special Criminal Case No. 14 of 1994 on the file of the Special N. D. P. S. Act, Mapusa, Goa. Heard the learned counsel for the Appellant and the learned Public Prosecutor for the State.

(2.) THE Appellant and three others were prosecuted by the police for an offence under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the said Act" ). The prosecution case is that when the police party was on rounds on 23-12-1993 at about 8. 00 p. m. they noticed the two accused persons, the Appellant and one another, who are arrayed as Accused-1 and Accused 2 in the Court below, moving in suspicious manner; the police suspected them to be dealing in drugs. Then A-1 and A-2 were apprehended and were interrogated. Then A-1 and A-2 led the police party to a particular house when the police called the panchas. When they entered the house and took search of the house, they found in a drawer of the cupboard, the key of which was found with A-1, 2 Kgs. of Charas. They also found 6. 5 Kgs. of Charas in a suit-case. A-3 and A-4 were inside the room. The Charas was seized under a panchanama in the presence of panchas. All the 4 accused were arrested. After due investigation charge-sheet was filed for the offences punishable under Section 20 (b) (ii) of the said Act against all the 4 accused.

(3.) THE defence of all accused was one of total denial.