SHANKAR RAJU BANGLORKAR Vs. STATE OF GOA

JUDGEMENT

(1.) THE appellant is the accused in Sessions Case No. 74 of 90 wherein he was convicted by the learned Sessions Judge, Panaji, under section 20 (b) (ii) N. D. P. S. Act (hereinafter called the Act) and sentenced to undergo 14 years Rigorous Imprisonment and fine of Rs. 1,00,000/- or in default to undergo further Rigorous Imprisonment for six months.

(2.) THE brief facts of the case are that on information received from Head Constable K. G. Dessai on Intelligence Duty as Mapusa Police Station, P. S. I. Bosco George who is attached to the Anti Narcotic Cell at Panaji went to Mapusa, caught the accused in his barbers shop and took him for interrogation to ANC Office, Mapusa where the appellant disclosed that he was having Charas in his residence. Thereupon appellant, police party along with panchas went to the house of the appellant and from under the kitchen platform a plastic bag was recovered containing three packets of charas. Samples of the packets were taken by the I. O. and sent to the directorate of Health Services. The Junior Scientific Officer of the Directorate of Health Services reported that all the three samples were containing charas. Thereupon charge was framed against the appellant to which he pleaded guilty and claimed to be tried.

(3.) ON behalf of the prosecution three witnesses were examined, namely, P. W. 1 Maria Caldeira, Junior Scientific Officer in Food and Drugs Laboratory of the Directorate of Health Services who has testified that the samples sent to her by the Police were containing charas. P. W. 2 Mahableshwar Naik is a panch witness who has deposed that he accompanied the raiding party along with the appellant to his house wherein charas were recovered by the Police at the instance of the appellant. P. W. 3 is P. S. I. Bosco George of the Anti Narcotic Cell who has conducted the raid along with the Police party and the panchas and after catching the appellant at his barbers shop at Mapusa, attached the drugs found at his residence. Thereupon the statement of the appellant was taken under section 313 Cr. P. C. One defence witness has deposed in his favour being D. W. 1 Ratna Bangalorkar who is his wife and has stated that at the time of the raid besides the appellant, her daughter Dreshani and one Kalmish were also staying in the house. However, the learned Sessions Judge believed the evidence of the prosecution and sentenced the appellant accordingly.