SURESHKUMAR KHANDELWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Sureshkumar Khandelwal is a young man of 21 years of age and a resident of Rajasthan. To Goa he came from his distant native place to get himself involved in a drugs case, which ultimately, let to his conviction by the learned Sessions Judge, Panaji, for an offence punishable under Section 21 of the Narcotic Drugs and psychotropic Substances Act, 1985, hereinafter referred to as 'the Act'. He challenges in this Appeal, his aforesaid conviction and the subsequent sentence passed against him to undergo 10 years of Rigorous Imprisonment and to pay a fine of One Lakh of Rupees, or in default, a further period of 6 months of Rigorous Imprisonment.

(2.) THE prosecution case is that on 24th October, 1987, P. S. I. Tari, who was at the time, Incharge of the Calangute Police Station, proceeded on patrol duty along with some policemen in a police Tempo. They went towards Vagator and when they reached a place known as Ozra, they saw the appellant on a motor-cyle. P. S. I. Tari accosted the appellant on suspicion that he was trafficking in drugs. Thereafter, with the help of two panchas, he conducted a personal search on the body of the appellant and found him in possession of 5 grams of brown sugar which had been kept inside a packet of Chasterfield cigarettes. It is further the case of the pro! ecution that the appellant was, thereafter, taken to the Mapusa Police station where he disclosed that he had more drugs kept in the Satya Heera hotel at Mapusa. Therefore, the police party went to the said Hotel in the company of the appellant and two panchas and recovered from the room No. 203, 350 grams of herein. The said heroin had been kept inside a suit case of greenish colour which was opened by the appellant with a key he had in his possession.

(3.) THE appellant denied the charge, his case being that he was arrested on 24th October, 1987, at about 5. 00 to 6. 00 P. M. at the Calangute bazaar when he was near a 'gaddd" to purchase cigarettes. It is further his base that P. S. I. Tari came to the place at that time and stating that he sustected the appellant to be a Pakistani spy and a smuggler, arrested him, and thereafter took him first, to the Anjuna Police Out-Post, and then, to the Mapusa Police Station. There, he was told to accompany the same p. S. I. to the Satya Heera Hotel which is situated at Mapusa. He was asked to wait at the reception counter and after sometime, was taken back to the Mapusa Police Station.