NEIL FONSECA Vs. STATE

JUDGEMENT

(1.) This appeal is by the accused who has been convicted and sentenced under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused was charged and tried with the allegation that on6-02-2003 the accused was found in possession of 1. 035 kgs. of charas valued at Rs. 1,03,500/- near the Chapel at the junction of the flea market at Anjuna when the accused was raided pursuant to the information received.

(2.) The case of the accused was that on the said date he had gone to the Oxford Library near St. Michael's Chapel at Anjuna for exchanging his books after taking permission from the wife of the owner of the restaurant where he was working as a waiter and that he had borrowed a Kinetic Honda scooter from the said owner and he was also to check his e-mail and before he could go to check the e-mail he was detained by the police and brought to the police station in Panaji and he thought that he was detained because he was driving the said scooter, without a licence. According to the accused a false case was filed against him.

(3.) Paes/Pw-4 further stated that he also told the accused that he had a right to search the members of the raiding party including panchas and himself which offer the accused declined and thereafter he told the accused to hand over the shoulder bag which the accused was carrying and the said shoulder bag was a blue colour rexin bag with a logo of a hockey stick of white colour on it, and after opening the said bag it was found to contain a white colour polythene bag inside which was removed and upon examination it was found to contain blackish substance in spherical shapes and of different sizes wrapped individually in cellophane paper and upon minute observation they were suspected to be charas and when weighed were found to be 1. 035 kgs. and the same were put in an envelope packed and sealed with the seal of Anti Narcotic Cell, Panaji, Goa-1 with Ashoka emblem and the relevant writings were also made on the envelope which was signed by him and the panchas as well as the accused. As per him, a personal search of the accused was also taken but nothing incriminating was found and when the accused was asked for documents, for possession of the said charas, the accused did not produce any.