FIRDOUS AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed by the accused who has been convicted and sentenced for different offences under the Narcotic Drugs and Psychotropic substances Act, 1985 (Act, for short) by Judgment dated 24-2-2006 of the learned Special Judge, N. D. P. S. Court, Mapusa, Goa.

(2.) The complaint against the accused was filed by Shri M. P. Vaz, superintendent of Customs and Central Excise, Margao. The accused was charged and tried with the allegation that he was found in illegal possession of certain assorted drugs/psychotropic substances on 8-12-2002 between 10. 00 hours to 13. 15 hours when he was intercepted and searched. The accused was charged under Section 20 (b) (ii) (C) with the allegation that 1. 35 kgs. of hashish was found in his shoulder bag; under Section 20 (b) (ii) (A) with the allegation that 62 gms. of ganja was found in the house occupied by him; under Section 22 (b) with the allegation that 6. 67 gms. of ecstasy tablets were found on his person in the left back side pant pocket; under Section 21 (b) with the allegation that 49 gms. and 23 gms. suspected to be of amphetamine were also found in the said residential house.

(3.) The learned Special Judge concluded that the Complainant through the panch witness and Officers had clearly established due compliance with the mandate of Section 50 of the Act prior to the personal search of the accused leading to the recovery of 1. 35 kgs. of hashish from the shoulder bag carried by him and that the Complainant had also duly established that from the search of the room occupied by the accused were taken the stated drugs which as per the report of the Scientific Officer, CFSL, Hyderabad were positive for ecstasy and heroin weighing 6. 67 and 45. 25 gms. , respectively.