KRISHNA Vs. STATE

JUDGEMENT

(1.) By this appeal under Sec. 374 of Code of Criminal Procedure, 1973, the appellant impugnes the judgment and order dtd. 10/11/2014 by which he has been convicted by the Special Judge of Narcotic Drugs & Psychotropic Substances Court, Mapusa for the offence punishable under Sec. 20(b)(ii)(C) of Narcotics & Psychotropic Substances Act, 1985 (for short "NDPS Act") for being found in illegal possession of commercial quantity of "Charas" weighing 2.225 kgs. He came to be convicted and sentenced to undergo rigorous imprisonment for ten years alongwith fine of Rs.1,00,000.00 and in default to undergo rigorous imprisonment for six months.

(2.) The facts, in brief, can be summarised as follows:- The Anti Narcotic Cell Panaji Goa, received a reliable information that a person in the age group of 20 to 25 years, having Nepali features, would be coming near Milagres Church, Madlo waddo, Morjim, Pernem Goa to deliver Narcotic drug to his prospective customer on 29/11/2011 between 18.40 hrs to 19.30 hrs. PW7 Lady Police Sub-Inspector Mira D'Silva of Anti Narcoti Police Station (for short "ANC") reduced the information into writing, sent its copy to the Deputy Superintendent of Police, ANC and arranged for a raid. When the raiding party alongwith all raiding equipments reached near Milagres Church, Madlo Waddo, Morjim, Pernem Goa, they noticed appellant waiting near the said church for his prospective customer. The raiding team of PW7 Mira D'Silva, apprehended the appellant on the spot. On being asked he told his name as Krishna Kavi Raj Malla (Appellant). He was told that he had a right to be searched in presence of Gazetted Officer or Magistrate. However, appellant declined the offer. He also declined to search the members of the raiding party including the panchas when such offer was made.

(3.) PI Tushar Lotlikar, conducted the personal search of the appellant and found alleged contraband on his person which was after a test by PW7 Mira D'Silva found positive for "Charas", a narcotic drug. After drawing the usual panchanama, completing the procedure and after arresting the appellant/accused, PW7 Mira D'Silva lodged the complaint on 30/11/2011 with ANC Panaji Goa. After recording the statements of the witnesses and sending the muddemal for chemical analysis, a chargesheet came to be filed against the appellant before the Special Court of NDPS under Ss. 20(b)(ii)(C) of the NDPS Act.