AMARJIT SINGH CHEEMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted by the judgment and order dated 11th of March, 1987, in Sessions Case No. 67 of 86, by the Additional Sessions Judge, Panaji, under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short "the Act" and sentenced to 10 years Rigorous imprisonment and a fine of Rupees one lakh and, in default thereof, to undergo an imprisonment of 2 and half years.

(2.) The prosecution case against the appellant is that on 28th September, 1986, at about 10.15 hours the appellant was found near the sign board showing Coco-Banana Bar and Restaurant. Calangute-Goa, in suspicious circumstances, with a polythene bag in his hand. S.D.P.O. Shri Dilip Kumar (P.W. 2), who is in charge of the Narcotic Squad, while on his patrolling duty at Calangute, apprehended the appellant near the beach and recovered 1.5 kgs. of charas, rolled sticks in different sizes. Foreign currency in American dollars of the value of 500 U.S. Dollars ($ 100 x 5 bills) and Indian Currency of Rupees 781/- was also recovered from him. On the subsequent day, i.e. 29th September, 1986, the police raided Room No. 21 of Bismark Hotel at Vasco-da-Gama, where the appellant was a lodger, and recovered about 90 grams of charas, against rolled into sticks. The value of the charas thus apprehended is about Rs. 6,000/-.

(3.) In support of the prosecution case, seven witnesses were examined. But, considering the controversy in this appeal we may not be concerned with the evidence of some of the witnesses as the learned Additional Sessions Judge has not believed the prosecution story is relation to the recovery of 90 grams of charas from Room No. 21 of Bismark Hotel, Vasco-da-Gama, and a finding has been rendered that it is a concocted story. Relying on the evidence of the witnesses to whom I will make a reference at one, the learned Judge came to hold that the apprehension of charas from the appellant in the morning of 28th September, 1986, while at Calangute, is a full proof case and that is how the appellant is convicted and sentenced accordingly.