JAMES SUNDAY CHINONSO Vs. STATE

JUDGEMENT

(1.) By this appeal under Section 374 of the Criminal Procedure Code, the appellant has impugned the judgment and order of conviction dated 10/03/2017 by the Sessions Judge, Panaji in Special Criminal Case No.1/2016 for an offence under Section 22(C) of the NDPS Act for having found in possession of 30 square pieces of LSD papers weighing 0.53 gms. He is sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- and in default, simple imprisonment for one year.

(2.) Briefly stated the facts are as follows:

(3.) Accordingly, PW6 PI Suraj Halarnkar arranged for two panchas and formed a raiding team comprising of PW3 PC Sandesh Volvoikar, PW5 PC Sushant Mahale, panch witness PW4 Siddhesh Volvoikar and another. They took drug detection kit and proceeded to the spot. The appellant was intercepted as per the information in the presence of pancha witnesses. His search was conducted. PW6 PI Suraj Halarnkar informed him about his right to be searched in presence of a Magistrate or a Gazetted Officer in case he so desires to which the appellant declined. The appellant had also declined the offer to search the members of the raiding party.