MANOJ KUMAR Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is filed by the accused who has been convicted and sentenced under Section 20 (b) (ii) (C) of the N. D. P. S. Act, 1985, by Judgment dated 18-12-2007.

(2.) THE case of the prosecution was that on 27-12-2005, PSI shirodkar/pw7 of ANC Police Station, Panaji, had received specific information that a person would be arriving at Hotel Paradiso, Anjuna, Goa, between 08. 00 hours to 11. 00 hours, and pursuant thereto a raid was conducted during which the accused was found with a multi-coloured bag with black colour substances of different shapes and sizes in it, which when weighed were found to be 4. 060 kgs. and which was then seized and sealed under panchanama in the presence of panch witnesses.

(3.) TO support the charge, prosecution examined 7 witnesses which included PSI Shirodkar/pw7 who had conducted the raid, and Anand Kumtekar/pw3, a panch witness. Shri Mahesh Kaissare/pw2, Senior Scientific Officer in the Directorate of Food and Drug Administration examined the seized article and found it to be positive for charas, after conducting various tests as mentioned by him. The case of the accused, was that a false case was filed against him.