SUSAI TAMBU RAJU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused is before this Court impugning the conviction and sentence imposed upon him under Section 20 (b) (ii) (B) of the Narcotic Drugs and Psycho-tropic Substances Act, 1985 (Act, for short).

(2.) The accused was charged and tried with an allegation that on 30-11-2002 at about 7. 30 p. m. near Hotel Paradise village, at Tiwaiwaddo, Calangute, was found in illegal possession of 280 gms. of charas for which the accused could not lawfully account for. To support the charge prosecution examined six witnesses and produced several documents. On the other hand, it was the case of the accused that he was not arrested as stated by the prosecution. When he was examined under Section 313 of the Code of Criminal Procedure, 1973, the accused stated that he was stopped at about 11. 30 a. m. near the football ground at Calangute when he was on his M-80 scooter, and when he was stopped, he asked for the identity of the persons who had stopped him and at that time he told P. I. Gundu Naik/pw 4 that he could be searched by him at which he slapped him and took his search and took his money purse, identity card, credit card, ration card, etc. The accused did not examine any witness in support of his defence.

(3.) The learned Special Judge after assessing the evidence produced by the prosecution came to the conclusion that the accused was indeed found with 280 gms. of charas from the bag which was carried by him on his said scooter for which the accused could not lawfully account for. The learned Special Judge also held that the provisions of Section 50 of the Act were also complied with and so also the provisions of section 57 of the Act and the seized article was established by the prosecution to be charas, through the evidence of Kaissare/ pw 1 and therefore the prosecution had proved its case beyond reasonable doubt against the accused.