TYRON NAZARATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant was convicted on his own plea for an offence punishable under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to undergo 10 years of Rigorous Imprisonment and to pay a fine of Rupees one lakh, or in default, to undergo a further period of imprisonment of one year. It is, against this conviction and sentence that the present appeal is moved.

(2.) THE prosecution case is that on 3rd July, 1986, at 12 noon and at Feira Alta, Mapuca, the appellant was found in possession of 8 packets containing heroin or brown sugar weighing in all 2 grams.

(3.) THE matter came for trial before the learned Sessions Judge, Panaji, and after the charge was framed, the learned Judge questioned the appellant as to whether or not he was pleading guilty to the offence. The appellant pleaded guilty and, on being satisfied about the voluntary nature of such plea, the learned Sessions Judge convicted the accused for the aforesaid offence and, after hearing him under S. 235 (2) of the Criminal Procedure Code, passed the minimum sentence under the law against the appellant.