JEEVANCHAND BALIRAM THAKUR Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4/5th August, 1987 whereby the learned Assistant Sessions Judge, Panaji convicted the appellant under S.20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to undergo ten years of rigorous imprisonment and to pay a fine of Rs.1 lakh and in default of payment of fine to undergo further rigorous imprisonment for one year.

(2.) Broadly stated, the prosecution case is that on 27th February, 1987 at about 6.00 P.M. the appellant and one another person were found moving in suspicious circumstances and, therefore, they were taken to the Police Outpost of Anjuna for interrogation. Therefrom the appellant was taken to the Calengute Police Station, where on search of accused No.2, a telegram and an inland were found in possession of accused No.2, a reference being made in the telegram to the appellant. Also cash of Rs. 500/- was found hidden in the socks of accused No.2. On further interrogation, accused No.1 disclosed that he was putting up in Guest House run by one Chopra at Calangute Beach. Therefore, the police party proceeded to the said Guest House in the company of the appellant. Room No.2 was opened and on search a wooden box was found. The said wooden box was opened by the appellant and some rolls of Charas, weighing 2 Kgs., were found in a false bottom of the same box. The Charas rolls were seized under a panchanama and a sample thereof was sent to the Chemical Analyser for the purposes of analysis.

(3.) The prosecution examined the owner of the Guest House as well as some of the police persons, namely Head Constable Uday Naik (P.W.2), P.S.I. Tamas (P.W.3), and P.S.I. Vaman Tari (P.W.). A panch, namely Gurudas Palekar (P.W.5) was also examined by the prosecution. On the basis of the evidence given by the prosecution witnesses, the learned Assistant Sessions Judge found the appellant guilty and consequently sentenced him under Sec.20(b) of the Narcotic Drugs and psychotropic Substances Act, 1985, and sentenced him to ten years of rigorous imprisonment plus a fine of Rs.1 lakh.