REJO RAPHAEL Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Ms. Caroline Collasso, learned Counsel on behalf of the accused and Ms. Winnie Coutinho, learned Public Prosecutor on behalf of the Respondent.

(2.) THE accused who was found in possession of 1. 17 kgs. of ganja has been sentenced under Section 20 (b) (ii) (B) of the N. D. P. S. Act, 1985 to undergo R. I. for a term of 3 years and to pay a fine of Rs. 15,000/- in default to undergo R. I. for a further term of 2 months.

(3.) THE learned Counsel on behalf of the accused does not wish to contest the conviction of the accused but submits that the sentence imposed upon the accused is rather severe considering the age of the accused and the quantity of ganja found with him. The learned Counsel on behalf of the accused submits that on the date of the incident the accused was 22 years of age. The learned Counsel further submits that the accused was arrested on 28-11-2003 and suffered detention till the accused was released on bail on 24-9-2004. The learned Counsel further submits that presently the accused is employed with SKDM as a Marketing Executive and in case the accused is required to undergo the remaining sentence, the same will come in the way of his employment and the accused will loose his newly acquired job. In support of this submission, the learned Counsel has placed a letter dated 15-2-2007 issued by the said SKDM which shall be placed on record and marked "x" for identification.