RADHAKISAN PARASHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant, a native of Rajasthan, has been tried and ultimately convicted of an offence punishable under S. 20(b)(ii) read with S. 2(iii)(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by judgment dt. 30th Oct. 1986. He was, thereafter sentenced to undergo 10 years of rigorous imprisonment and to pay a fine of Rs. 1 lakh and in default, to undergo a further period of imprisonment for 2 years.

(2.) The case of the prosecution is that on 13th March, 1986, the Excise Inspector Manual Jose Afonso conducted a raid for narcotic and psychotropic substance at Azrem Beach of Vagotor and on such occasion, he found the appellant in unauthorised possession of 40 gms. of charas.

(3.) The accused pleaded not guilty to the charge. His case being that he is doing business of selling 'chillums' and, therefore, he had come to Goa from Rajasthan for the purpose of selling the said 'chillums'. He denied the case of the prosecution that he was found in possession of any charas.