GANESH BHANDARI Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused, who has been convicted and sentenced under Section 20(b)(ii)(C) of the NDPS Act, 1985 for having been found in possession of 4.85 kgs of charas on 6/03/2007 at 14.05 hrs. near the road junction leading to Club Cubana at Arpora, Bardez-Goa.

(2.) The case of the accused was one of denial simpliciter, though in the cross-examination of the witnesses examined by the prosecution, it was suggested that the accused was arrested from a party which was going on at Carona, Aldona, in connection with holi celebrations.

(3.) The prosecution had examined 6 witnesses including the police inspector Shri Dias, who had conducted the raid, based on a prior information. After considering the evidence produced by the prosecution, the learned Special Judge came to the conclusion that the prosecution had proved, on the basis of oral as well as contemporaneous documentary evidence, that the accused was found at that place in possession of suspected drugs which were seized and sealed from his possession and which when sent to the chemical analyzer, were confirmed to be charas for the possession of which the accused did not have any document to support, and, that too in commercial quantity. The learned Special Judge further held that the material brought on record clearly suggested that the accused was found in possession of the commercial quantity of charas entitling the prosecution to raise a presumption under Section 154 of the said Act which presumption the accused failed to rebut.