PETER DIPLINGER Vs. STATE OF GOA

JUDGEMENT

(1.) SENSE and soundness of the judgment and order of conviction and sentence passed on 19-2-97 by Special Judge, N. D. P. S. Court, Mapusa, convicting the accused/appellant for the offence punishable under section 20 (b) (ii) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rupees one lakh and in default to suffer rigorous imprisonment for two years is under challenge in this criminal appeal.

(2.) THE gravamen of the charge levelled against the appellant/accused is that on or about 13th December, 1995 at Villa Fatima Beach Resort, Baga, Calangute, he was found possessing 1 kg. 7 grams of Charas without possessing legal documents to justify its possession and thereby the accused committed offence punishable under section 20 (b) (ii) of the N. D. P. S. Act.

(3.) IN brief and to the extent it is necessary, the prosecution story is that on 13-12-95 at about 17. 25 hours Shirish Thorat (P. W. 6), P. S. I. , while he was present at the Anti Narcotic Cell Police Station, Panaji headquarters, received information that one foreigner residing in Room No. 10-A of Villa Fatima Bench Resort was dealing in narcotic drugs. Shri Thorat accordingly reduced the information in writing; forwarded it to Dy. S. P. ; secured the presence of two panchas namely Kariyapa Murgod (P. W. 3) and Deepak Dattaram Dessai; and left to raid the aforesaid place along with the raiding party in the police jeep and he went on motor cycle. After reaching the hotel, the raiding party went to Room No. 10-A and upon the door of the said room being knocked by P. W. 6, the accused Peter opened the door. P. W. 6 informed the accused that he, along with the raiding party, had come to search him and his room since they received information that he was dealing in narcotic drugs. The accused was informed about his right to have search effected in the presence of a Gazetted Officer or a Magistrate of his choice if he so desired, but the said offer was declined by him. The accused was also informed that he has right to search all the members of the raiding party before search commenced and that offer was also declined. The accused was wearing a small leather purse with a string around his neck and upon opening the said purse a stick of charas individually wrapped in cellophane paper weighing 7 grams was found. The formality of putting the said contraband in envelopes and packing and sealing was done. Thereafter search of the Room No. 10-A was taken where suit-case was found having a false bottom. In the said false bottom of the suitcase 1 kg. of charas was found, out of which a sample of 10 grams was taken and put in a separate envelope, packed and sealed and the remaining entire charas was packed in another envelope and sealed. Panchanama and seizure report were prepared. The complaint was filed, case was registered and the samples and substances recovered from the accused were sent for chemical analysis which were found to be containing charas. After the accused was charged for the offence punishable under section 20 (b) (ii) of the N. D. P. S. Act, in support of its case, the prosecution examined Mahesh Kaissare (P. W. 1), Manohar Joshi (P. W. 2), Kariyapa Murgod (P. W. 3), Fiona Fernandes (P. W. 4), Cyril Mascarenhas (P. W. 5) and Shirish Thorat (P. W. 6 ). The prosecution also proved various documents including report of Chemical Analyser (P. W. 1/c), search panchanama (P. W. 3/a), seizure report (P. W. 3/b) and hotel register (P. W. 4/a ).