AMARJEET SINGH CHEEMS Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted by the judgment and order dated llth of March, 1987, in Sessions Case No. 67 of 1986, 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 fP.W. 2), who is incharge of the Narcotic Squad, while on his partolling 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 (100x5 bills; and. Indian currency of Kupees 781 were also recovered from him. On the subsequent, day, i.e, 29th September, 1986, the polic raided room No. 21 of Bismark Hotel at Vasco-de-Gama, where the appellant was a lodger and recovered about 90 grams of charas again rolled into stricks. The value of the charas thus apprehended is about Rs. 6,000.

(3.) COMING to the evidence relating to the apprehension at Calangute, the prosecution relies on four witnesses besides chemical examiner. Babu Tarnse (P.W. 1) mentions that on 28th September, 1986, at about 10-00 a.m., Addi­tional Superintendent of Police Shri Dilip Kumar (P. W. 2) came to Calangute Police Station and told them to accomany him on a patrolling duty. He had come in a jeep with staff and, according to this witness he and P.S.I. Vaman P. Tari (P W. 7) followed Shri Dilip Kumar in another jeep. Tnat the accused who was holding a polythene bag in his hand, raised some suspicion which made Shri Dilip Kumar to approach him and once the bag was checked, several rolls of charas of various sizes, of the weight of about 10 grams and 20 grams, totally weighing about 1 5 kilograms, were recovered. He mentions that P.S I. Tari (P.W. 7) secured the presence oftwo panchas, one Parulekar (P.W. 4) and another by name Mr. D'souza. A panchanama was drawn up following the seizure. When the search of the appellant was taken, in one of his pockets, 500 American dollars Indian currency worth Rs. 78) were also seized. For enabling the samples to be forwarded for chemical analysis two rolls, one of 20 grams and the other of 10 grams, were separately parked in an envelop duly sealed and the rest was separately packed. In his evidence Shri Dilip Kummar (P.W. 2) who is Additional Superin­tendent and incharge of Narcotic Squad, mentions that he is attached to Mapusa Police Station as SD.P.O. and on 28th September, 1986, he set off from Mapusa in the company of three head-constables and one constable and came to Calangute Police Station and sought the assistance of the Police Station and proceeded towards Calangute bazar and, thereafter, towards the beach. On coming near the sign board indicating that location of Coco-Banana Bar and Restaurant, he found a person standing thereabout with a polythene bag in his hand and, tince he raised some suspicion, he was asked to open the bag to know its contents and some sticks of charas were found wrapped in another polythene bag within. On this discovery, P.S.I. Tari (P.W. 7) secured presence of two panchas, weighing was made and pancha­nama prepared. He also speaks of the weight of charas thus seized so also of seizure of U.S. dollars as well as Indian currency. The next evidence is that of P.W. 4 Audut Parulekar, who is admittedly a panch witness. He proved panchanama which is Exhibit P/6, dated 28th September, 1986. In his evidence be says that had come to Calangute to buy some fish between 10-00 to 10-45 a m. on that day aud he was on his scooter when he met P.S.I. Tari. That told him that they had caught a man who was dealing with drugs and that they wanted to prepare a punchanama and he, accordingly, requested him to stand as a witness. On coming to the beach, according to this witness, he met Additional Superintendent Shri Dilip Kumar, A S.I. Sri Tamse, one policeman by name Ketkar and two other policemen. He also found the appellant there with a polythene bag in his hand, the bag showing printed words "Vimal, Mahatama Gandhi Road, Pune", that inside that bag there was another poly­thene bag in which there were some sticks, blackish in colour, of different sizes. He also speaks of the U.S. currency and the Indian currency seized from the pant pocket of the appellant and finally ends up his examination-in-chief by saying that the police took two sticks, one weighing 20 grams and the other 10 grams which were put in a separate envelope and sealed and the rest in separate parcel. The parcel was duly signed by the panchas and he identified his signature thereon. Next is the Chemical Analyser Shri Vijay Kar, examined as P.W. 6. This witness is attached to the Forensic Science Laboratory at Bombay where he has been working as Assistant Chemical Analyst and he mentions that he is attached to the Narcotic Section for the last four years. After speaking about his experience in the matter of tests for detection of narcotics, he states that he receive two parcels from Calangute Polio Station on October 21, 1986 and on analysing, according to him, one bag contained three sticks weighing 30 grams and the other contained one stick weighing about 12 grams. He analysed the same on November 10, 1986 and came to the conclusion that both the samples contained Charas. Accordingly, he submitted his report which is exhibit P/8. The next witness, P.W. 7 is P.S I. Vamad Tad, who is incharge of Calan­gute Police Station After stating as to how Shri Dilip Kumar (P. W. 2) came to the Police Station and his instructions etc,, he speaks of coming to the beach side for conducting raids and deposes with regard to the apprehension of the appellant and the charas from the polythene bag. On this discovery, he arrang­ed two witnesses to act as panchas for recording tha necessary panchanama and according to him, he secured these panchas from Calangute bazar within no time; that a panchaaama was written on his dictation, by A.S.I. Tame (P.W. 1). He also speaks of the apprehension of 500 U.S. dollars and the Indian currency of Rs. 781 from the appellant.