HIRAYAMA SHINGO Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant was tried by the Special Judge, N. D. P. S. Court, Mapusa for possession of 10 grams of charas on his person and 8. 620 Kilograms of charas, as well as 380 L. S. D. square pieces from House No. 1649 in his possession under section 20 (b) (ii) and section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution had examined 5 witnesses in support of the charges and vide judgment dated 14-10-97, the appellant was found guilty for possession of 8. 620 Kilograms of charas and 380 L. S. D. pieces and was sentenced to undergo R. I. for 10 years and fine of Rs. 1,00,000/- in default R. 1. for 2 years on each count. The sentences were ordered to run concurrently and the period of detention already undergone during the investigation and trial was set off under section 428 Cr. P. C. In respect of possession of 10 grams of charas found on his person, he was acquitted. The appellant challenges his conviction in this appeal.

(2.) THE prosecution case, in brief, as revealed by the prosecution witnesses panch P. W. 3, Vijay DSouza and P. I. Gopal Jadhav P. W. 4 who conducted the raid as well as investigation, is that on 14-10-1995, P. I. Gopal Jadhav, P. W. 4 received specific and reliable information that one Japanese National by name Shingo is residing at Paulo House belonging to one Henry at Deulwada, Anjuna was dealing in narcotic drugs. P. I. Jadhav verified this information and after verification forwarded the same to Dy. S. P. A. N. C. for the purpose of issuing search warrant. Search warrant Exhibit P. W. 3/a was accordingly issued. P. I. Jadhav along with the raiding party and panchas, proceeded to Anjuna. On reaching near Paulo House, the appellant was found standing near the compound gate and P. I. Jadhav informed him that he had information that the accused was dealing in narcotic drugs and he had come to search the house. The accused was informed of his right to be searched in presence of a Gazetted Officer or a Magistrate and that the accused could take search of the raiding party. The accused declined the offers made to him. On personal search of the accused, from the left side half pant pocket charas weighing 10 grams was found. The same was put in an envelope, which was packed, sealed and the said envelope was signed by P. I. Jadhav, panchas and the accused. Thereafter, the accused opened the back door lock of the house with the key which he was having in his hand. From inside the house, 8 kilos and 620 grams of charas was found in one haversack bag which was on the table. Two samples of 50 grams each were removed from it. The said samples were packed and sealed and the envelopes were signed by P. I. Jadhav, panchas and the accused. The balance charas was also likewise packed and sealed and signed as aforesaid. In the second zipper compartment of haversack bag, a cash of Rs. 30,000/- was found. It consisted of notes in three bundles and each bundle was of Rs. 10,000/ -. The said cash was likewise packed and sealed and the signatures of all the persons as aforesaid were taken. In another compartment of the said haversack bag, one small electronic weighing scale make Tanita was found. The same was likewise packed, sealed and signed as aforesaid. The haversack bag and the cloth bundle in which the charas was found, was also attached. From a table in the main hall, one plastic bag was found in a drawer, in which there was passport of the accused. In this plastic bag, there were small square shape multi-colour papers, which, according to P. I. Jadhav, were L. S. D. stripes. The same were counted and found to be 380 in number and 10 out of that were separated for analysis. The said 10 pieces were separately packed and sealed and also signed by all as aforesaid. The balance 370 stripes were also packed, sealed and signed likewise. The passport was attached. Panchanamas and seizure report were prepared which were signed by the accused and the copies thereof were furnished to him. After completing the investigation, charge-sheet was filed. The samples were sent for analysis to the Central Forensic Science Laboratory, Hyderabad. The same were analysed by Senior Scientific Officer, P. W. 1 Mr. Varshney. He found that the sample containing 10 grams of substance was charas. He identified that the substances of 50 grams each, as the charas. The L. S. D. stripes gave positive test with presence of L. S. D. He certified that the seals on all four envelopes containing samples were intact and tallied with the specimen seals sent along with the forwarding note. He, however, found only four L. S. D. stripes as against 10 said to have been sent by the police in sealed cover.

(3.) LEARNED Senior Advocate Shri Chari made the following submissions :