DEEPAK SHARMA Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant herein is an accused who has taken exception to his conviction and sentence under Section 20 (b) (ii) (C) of the Narcotics Drugs and Psychotropic Substances Act, 1985, vide Judgment and Order dated 12. 8. 2005 of the learned Special Judge, N. D. P. S. Court, Mapusa, Goa.

(2.) THE case of the prosecution was that PW4/psi Nigalye of Panaji Police Station had received reliable information on 22/1/2003 at 00. 10 hours that a Manali, of stated description, was to come near Prakash Lodge at Panaji to deliver a consignment of charas to his customer between 02. 30 and 03. 00 hours which information was reduced into writing and copy of which was sent to his superior Officer, namely, PW7/dy. S. P. Shri Tari and thereafter a raid was conducted near the said Prakash Lodge, in the presence of panchas, including the said PW7/dy. S. P. Shri Tari and when the person of the said stated description reached the place and after complying the provisions of Section 50 of the Act a search was conducted and the accused was found carrying 1. 57 kgs. of charas and cash of Rs. 7,550/which were duly packed and sealed under panchanama and the seized property was deposited in safe custody after complying with the necessary formalities.

(3.) TO support the case, the prosecution had examined 8 witnesses including the raiding Officer, namely PW4/psi Nigalye, his superior Officer PW7/dy. S. P. Shri Tari, PW5/constable Chopdekar and the panch witness PW3/surlekar. These witnesses were examined to prove that the accused was in fact found with the contraband articles. PW6/pi Gaonkar and PW8/head Constable Raut were examined regarding the seal being brought and given to PW4/psi Nigalye. PW2/constable Naik received the sealed articles in the Office of the Superintendent of Police, CID, CB, Panaji and thereafter forwarded the same for analysis to the Director, Foods and Drugs Administration where it was analyzed by PW1/mahesh Kaissare, who upon analysis found that the seized article contained charas. He produced his report as Exh. 10.