JOSEPH FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) THIS is an appeal against the judgement dated 29th September, 1993 in Special Criminal Case No. 14/92 on the file of the Narcotic Drugs and Psychotropic Substances Court, Mapusa. We have heard the learned counsel for the appellant and the learned Public Prosecutor.

(2.) THE appellant and three other accused were prosecuted by the Police for an offence under Section 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case is that on 12th February, 1992, on reliable information the Sub-Inspector, Anti-Narcotic Cell, Panaji, along with panchas entered a hotel called Ali Baba Sea Food and Juice Corner at Baga. The appellant was found there. Then the Sub-Inspector Smt. Sunita told the appellant that he is suspected to be in possession of drugs and required to be searched. She also gave an option that if he desired he could be searched before a Magistrate or a Gazetted Officer, but the appellant declined the Offer. Then the person of the appellant was searched. In the left side pant pocket of the appellant cash of Rs. 2364/- was found and on the right side pant pocket charas sticks were found, which were wrapped in a transparent polythene cover. On being questioned whether he is in possession of more charas, the appellants, who is shown as accused No. 1 in the Court below, took out the floor under the kitchen table and took out a plastic container having the name "mac Dowell Diplomat" and on opening it, it contained five ploythene bags containing charas. It was seen that the accused Nos. 2 and 3 were sleeping in the adjacent room. They were also questioned and they were searched, but nothing incriminating was found. The recovery of charas from the possession of the appellant and the recovery of charas from under the kitchen table were seized under a panchanama. Sample packets were prepared from both the seized charas packets. Then the Sub-Inspector Sunita took the three accused to Calangute Police Station and lodged a complaint and then a case was registered in that Police Station. During the course of Investigation, attempts were made to trace the owner of the hotel namely accused No. 4, but he was absconding. The charas samples were sent to the Chemical Examiner who confirmed that they contained charas. After usual Investigation chargesheet was filed alleging that all the accused have committed offences punishable under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Further, accused No. 4 was charged for an offence under Section 25 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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