BHABANI BASU Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant was tried for possession of 22 dots of L. S. D. , 60 L. S. D. strips, 120 grams of charas, 20 Ecstacy tablets and 3 grams of Ecstacy powder which is punishable under sections 20 (b) (ii) and 22 of the N. D. P. S. Act, 1985. The prosecution had examined four witnesses in support of the charge. The accused/appellant had examined himself in his defence. After hearing the accused/appellant and on perusal of the evidence on record, the learned Special Judge, Mapusa, found the accused guilty for the said offences.

(2.) THE accused/appellant was sentenced to undergo Rigorous Imprisonment for ten years and fine of Rupees one lakh, in default rigorous imprisonment for two years under section 20 (b) (ii) of the said Act. Similar sentence and fine and sentence in default was imposed under section 22 of the said Act. The substantive sentences were ordered to run concurrently. The period during which the appellant was in custody in connection with this case was ordered to be set off under section 428 Cr. P. C. The accused/appellant challenges the said conviction and sentence in this appeal.

(3.) BRIEFLY stated the prosecution case is that on 23rd February, 1996 P. S. I. Raut Dessai (P. W. 4) of Anti Narcotic Cell, Panaji received information that one Bengali, thin built, with curly hair and black complexion residing in House No. 1722 (N) at Soranto, Anjuna was dealing with narcotic drugs. P. S. I. Raut Dessai P. W. 4 went to Anjuna to verify the information and after confirming the same, came back to A. N. C. Police Station, Panaji at about 6 p. m. This information was reduced into writing and a copy of this information with covering letter was sent to Dy. S. P. , Shukla of ANC Police Station requesting him to accompany for the raid or to issue search warrant. Dy. S. P. Shukla issued search warrant bearing No. 1/96 dated 23-2-96 authorising P. S. I. Raut Dessai to conduct the search. The search warrant is on record as Exh. P. W. 3/a ). After obtaining search warrant P. S. I. Raut Dessai (P. W. 4) along with P. I. Jadhav, PSI Nutan Pangam, ASI K. G. Dessai, Head Constable Punaji Gauns, police constable Vithal Gaonkar and constable Salunke along with the panchas left for Anjuna. Kit box containing necessary material required for the search as well as seal of the ANC Police Station was carried. The raiding party reached Anjuna at about 7. 25 p. m. The door of the house was partly open and on knocking the same, the accused/appellant came out in the veranda. On questioning he gave his name as Bhabani Basu. P. S. I. Raut Dessai (P. W. 4) informed him that he had come to search him and the house for drugs. The accused/appellant was informed of his right to be searched in the presence of a Gazetted Officer or Magistrate and that he also had right to search the raiding party including the Panchas. Both these offers were declined by him. Thereupon P. S. I. Raut Dessai had shown him the search warrant. The personal search of the accused/appellant was conducted. He had a wrist pouch on his left hand which had one zipper compartment. On opening the same one autopress polythene packet containing some substance in the form of dots was found. The said dots were in between two transparent polythene papers in rows. These dots were suspected to be L. S. D. dots which were found to be 22 in number. The same were put back in the autopress polythene packet which in turn was put in an envelope which was packed and sealed with ANC seal. The said envelope was signed by PSI Raut Dessai (P. W. 4) and both the panchas but the accused/appellant refused to sign the same. On further search of the same wrist pouch one more autopress polythene packet containing multicoloured papers was found. In this autopress polythene packet individual pieces in the form of strips were found which were suspected to be L. S. D. pieces. They were 60 in number. They were put back in the autopress polythene packet which in turn was put in an envelope which was packed and sealed with ANC seal. This envelope was signed by PSI Raut Dessai and the panchas but the accused refused to sign the same. The wrist pouch was put separately into an envelope which was packed and sealed and signed by PSI Raut Dessai and panchas but the accused refused to sign the same. The personal search of the accused was conducted in the veranda near the front door in which there was no light, but light was coming from the inner room.