B. CHANDRAMOHAN Vs. STATE OF GOA

JUDGEMENT

(1.) The appellant herein is an accused, who has taken exception to his conviction and sentence under Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by Judgment/Order dated 13.09.2004/06.10.2004, of the learned Special Judge, Narcotic Drugs and Psychotropic Substances Court, Mapusa, Goa.

(2.) The case of the prosecution was that P.I. Paes/P.w.4, received reliable information on 31.01.2002, at 11.00 hours, that a person of stated description would come to deliver a consignment of charas to his customer on a black Kinetic Scooter bearing no. GA-02/F-9956 on the same day between 15.00 to 16.00 hours, which information was reduced into writing and a copy was submitted to the Superior Officer, and thereafter, a raid was conducted near the cross junction at Cortalim, in the presence of panchas and when the person of the stated description reached there at about 15.15 hours, in front of Yogesh Cafe, he was detained along with the scooter and he was found with 2.2 kgs of charas for which he could not lawfully account for.

(3.) To support the case, the prosecution examined five witnesses namely Police Inspector Shri Paes/P.w.4, his Superior Officer Dy.S.P. Shri Finton D' Souza/P.w.5, Panch witness Vijay Surlekar/P.w.3 and Mahesh Kaissare/P.w.1, the latter having examined the sample subsequently sent to him, and P.S.I. Krishna Shetgaonkar/P.w.2, through whom the sample was sent for analysis to the Director of Food and Drug Administration.