SHIVKUMAR MISHRA Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD Ms. Caroline Collasso, learned Counsel on behalf of the appellant.

(2.) THE appeal is restricted to the quantum of sentence. The appellant who is an accused has been convicted and sentenced under Section 20 (b) (ii) (B) of the N. D. P. S. Act, 1985 to undergo R. I. for a period of three years and pay a fine of Rs. 30,000/- in default to undergo S. I. for three months.

(3.) THE accused was found on 9-12-2002 in possession of 1. 61 kgs. of ganja which is variable quantity, 1 kg. having been declared as small quantity and 20 kgs. , being declared as commercial quantity. When the said ganja was analyzed on 15-12-2004 by PW1/mahesh Kaissare he found that the same was 1. 31 kgs. i. e. the substance alone. The weight with jute bag and plastic carrying bag was 1. 595 kgs. He has opined that the said substance was slightly in a moist condition and the learned Special Judge has also considered that the difference in weight from 1. 610 kgs. to 1. 595 kgs. could be because of evaporation of the moisture.