AUSTIN GLADWIN ROY Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant was tried for possession of 115 grams of charas under section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter called the N. D. P. S. Act) by the Special Judge, Mapusa. The prosecution had examined four witnesses in support of the charge. The appellant was held guilty for possession of 108. 6 grams of charas vide impugned judgment dated 20th November, 1997, which is subject matter of challenge in this appeal. The appellant was ordered to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. one lakh, in default to suffer rigorous imprisonment for two years under section 20 (b) (ii) of the N. D. P. S. Act. The period of imprisonment already undergone during the course of investigation and trial was ordered to be set off with effect from 8-5-97.

(2.) THE prosecution case, in brief, is that on 8-5-97 P. I. Jadhav (P. W. 4) of Anti Narcotic Cell, Panaji, received specific and reliable information that one Roy, who was staying in House No. 1714 belonging to Smt. Mendonca at Soranto, Anjuna was dealing in narcotic drugs such as charas. The information was reduced to writing and the copy of the same was sent to S. P. , A. N. C. and after securing the presence of two panchas P. I. Jadhav proceeded to Anjuna. When they reached the said house, they saw the appellant getting down from the steps of the house, P. I. Jadhav introduced himself and the other members of the raiding party as well as the panchas to the appellant and told him of the specific and reliable information he had received and that he come to take search for drugs. P. I. Jadhav informed the appellant that he had a right to be searched in the presence of a Gazetted Officer or Magistrate, but the appellant did not avail of the said offer. Likewise P. I. Jadhav also told him that he had a right to take search of the raiding party of the panchas before the commencement of the search, but the appellant declined to avail of the said offer as well. From the waist belt cum-pouch which the appellant was having on his person, 12 tablets suspected to be ecstasy tablets were seized from the first zipper compartment. From the second zipper compartment of the said waist belt-cum-pouch one polythene packet containing black substances in various shapes and sizes suspected to be charas were seized. The same were weighed and the weight was 115 grams. The said substances were packed and sealed in an envelope and a panchanama was drawn which was signed by the panchas, P. I. Jadhav and the appellant. The said tablets and charas were sent for analysis to the Central Forensic Science Laboratory, Hyderabad where the same were analysed by the Junior Scientific Officer, Murthy (P. W. 1 ). The tablets were not found to be containing narcotic drugs or psychotropic substances. However, on examination of the suspected charas, it was found that it gave positive test for charas.

(3.) LEARNED Advocate Shri J. P. DSouza, appearing on behalf of the appellant, has basically made three submissions namely :-