REVATRAM RATANCHAND THAKUR Vs. STATE OF GOA

JUDGEMENT

(1.) THESE appeals arise from a common judgment passed by the Special Judge, N. D. P. S. Court at Mapusa in Special Criminal Case No. 42/92. As the facts in both appeals are one and the same, these appeals were heard jointly and we think it proper to dispose of the above two appeals by this common judgment. The Appeal No. 4/94 was filed by the accused No. 1 and Appeal No. 7/94 was filed by the accused No. 2.

(2.) THE appellants alongwith the four others have been charge-sheeted by the Police Inspector, Anti-Narcotic Cell, Allen DSa, under Section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the Act ). The appellants are convicted and sentenced to undergo rigorous imprisonment for a period of 15 years and to pay a fine of Rs. 2,00,000/- each and in default to undergo rigorous imprisonment for a period of 2 years. All other four accused were acquitted by the Special Judge, Narcotic Drugs and Psychotropic Substances Court, Mapusa, in Special Criminal Case No. 42/ 92.

(3.) ACCORDING to the prosecution case, the accused Nos. 1 and 2 had taken on rent a restaurant called the Flower Scene Restaurant which belonged to one Mrs. Severina DSouza, somewhere in December, 1991. It is located in the compound of her house bearing No. 676. The rent which was agreed to be paid was Rs. 2,000/- per month and they have paid advance rent of Rs. 4,000/- to the said Mrs. Severina. The Accused Nos. 3 to 6 are the helpers/waiters engaged by the accused Nos. I and 2 for running the Restaurant. All the accused are hailing from Himachal Pradesh. It is alleged that on 15. 1. 1992, when the raiding party headed by P. S. I Vincy Pais, Fabian DSouza, Jeorge Menezes, Head Constable K. G. Dessai and other Constables attached to Antinarcotic Cell were on intelligent duties for booking the cases under the Act, one Pradip Kumar was hauled up for illegal possession of drugs. While questioning the said Pradip Kumar by the aforesaid team, Allen DSa, In charge of the Antinarcotic Cell, was also present. During the course of interrogation of the said Pradip Kumar in his restaurant known as Shiva Dens Inn, it was revealed that there was another restaurant by name Flower Scene Restaurant run by the appellant Nos. I and 2 located at a distance of about 75 to 100 metres from the Shiva Dens Inn Restaurant and it is also disclosed that in that Restaurant run by the appellants, charas were being sold. As pointed out by Pradip Kumar, the Police Inspector Allen DSa (PW 6) alongwith other staff of Anti-Nacrotic Cell, i. e. Head Constable K. G. Dessai, Police Constables Amar Pereira and Satyawan Naik and panch witnesses Dayanand Lotlikar (PW 2) and Atchut Walavalekar (DW 1) proceeded to the Flower Scene Restaurant belonging to the aforesaid Severina. On enquiry they came to know that the Flower Scene Restaurant was run by the accused Nos. 1 and 2. But the accused No. 2 was not there as he had proceeded to Mapusa for shopping. However, the accused Nos. 3 to 6 were present at the Restaurant. The Appellant in Appeal No. 4/94 (accused No. 1) told the party that the accused Nos. 3 to 6 are helpers in the Restaurant. After observing the legal formalities, the Police Inspector Allen DTSa conducted a personal search of the accused during the course of which, in, the right hand side back pocket of the pant worn by accused No. 1 a stick of charas weighing 10 grams was found. On enquiry as to whether any further quantity of drugs was kept in the Restaurant, the appellant No. 1 told the party that there were some drugs burned in the Restaurant and, accordingly, the appellant No. 1 led the raiding party to a place by the side of the kitchen in the restaurant where they used to sleep by spreading mat on the floor. It is alleged that the appellant No. 1 removed the mat and pointed out the place just below that mat and told the party that the appellant in Appeal No. 7 /94 (accused No. 2) had buried the drugs underneath the ground. There upon, the Constable Amar dug up the place and removed a white cardboard box with the marking Bisleri wherein there were bundles of charas wrapped in polythene plastic paper and tied up in white cloth. On further digging around that place, a water flask brown and yellow in colour having a false bottom was found. When the false bottom of the flask was removed it was found that it also contained some charas. The party went on digging the area and found a plastic bad containing a balance with weights measuring 50 grams, 20 grams, 10 grams, 5 grams and 2 grams. When weighed the charas contained in the plastic water bottle were found to be 310 grams. Along with weights and balance, one white colour plastic container closed with a lead containing slabs/sticks of charas was also found. The charas unearthed from the ground from the Bisleri cardboard box weighed 3. 070 kgs. and white plastic container contained 500 grams of charas. In the meanwhile a message calling the S. P. Mr. A. K. Singh to the place of the incident had been sent. On arrival of Mr. Singh after an hour accompanied by a photographer by name Remedios, photographers of the contrabands were taken. Thereafter all the charas sticks/slabs recovered from the place have been properly packed and sealed after taking samples for sending for chemical analysis from each discovery. Samples so taken were also sealed and panchanama was prepared and the signature of the panchas were taken on their) respective covers. The weighing balance and the weights were also packed in an envelope and sealed and those panchas also signed. The cardboard Bislerit box with plastic sheet and the pieces for cloth used to make bundles of charas were also attached under panchnama. On further search of the premises, a plastic wrapper having mark KIm Wrap in a green box used for wrapping the drugs was also attached. A seizure report besides the panchanama was also prepared.