ANTONIO MANUEL FARIA RAMOS Vs. STATE OF GOA

JUDGEMENT

(1.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 for bail against the order of the Additional Sessions Judge, Margao.

(2.) It is the case of the applicant that the case of the prosecution is that on 29.12.2019 the staff of ANTI Narcotic Cell (ANC), Panaji left for patrolling at Margao and around 15.30 hours when they reached near the electricity department near Aquem PSI Arun Desai received reliable information that one men foreign national about 40 to 45 years old tall in height and average built wearing black colour T-shirt and grey colour jeans pant will be delivering narcotic drugs to her prospective customers at the bus stop shed.

(3.) Since there was no time to obtain search warrant and possibility that the suspect would dispose of the narcotic drugs the PSI Desai reduced the information into writing and the grounds of belief for not obtaining such warrant and sent the same to Dy.SP at his residence. They parked the vehicle in the parking at some distance from the spot of the raid. At around 17.05 hours it is alleged that seeing the applicant and features tallying with the information, they rushed towards him and surrounded him. It is further alleged that on the search of his shoulder bag, Officer found applicant in possession of 110.820 gms of white crystaline powder suspected to be cocaine, 101.108 gms of white colour mixture of crystals and powder substance suspected to be MDMA and 240 gms of charas. FIR bearing no. 27/2019 was registered for an offence punishable under section 21(C), 22(C) and 20(b) (ii) (B) of the NDPS Act. It is submitted by the applicant that the contents in the FIR are false and fabricated. He was not in possession of any drugs.