MOHAMMED ASLAM Vs. STATE OF GOA

JUDGEMENT

(1.) The appellant is challenging the judgment and order passed by the Special Judge, in Special Criminal Case no. 35/2001. By the said judgment and order dated 12th May, 2004, the Special Judge was pleased to convict the appellant/accused for an offence punishable under section 20 (b) (ii) of N. D. P. S. Act, 1985 read with section 20 (b) (ii) (C) of N. D. P. S. Act and was sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 1 lakh and in default to suffer further simple imprisonment for a period of one year.

(2.) It is the case of the prosecution that the Investigation Officer had reliable information that the person staying in Room No. F-7 of hotel Suhas, Mapusa, was in possession of consignment of charas and accordingly the said information was reduced in writing. The information was given to the superior officer and thereafter a raid was conducted after complying with the requisite provisions of section 42 of N. D. P. S. Act. The accused was found to be in possession of 40 grams of charas which was recovered from his person and the room in which the accused was residing was also searched and it was found that there was charas weighing 1. 8 kgs. in the bag which belonged to the accused. Accordingly, the said contraband was seized in the presence of the panchas and a Panchanama was made. The charas was sent to the Chemical Analyser who, after proper analysis, gave a report that the said contraband which was seized was charas. Compliance was made of the provisions of section 57 of N. D. P. S. Act. Charge-sheet was filed against the accused. The accused pleaded not guilty to the charge. The brief facts are as under :

(3.) It was the case of the accused in his defence that the room in which he was staying was occupied by one Kadir Hussein and that the bag belonged to the said Kadir hussein. It was contended by the accused that the said Kadir Hussein had left the room before the arrival of the police and that the said Kadir was arrested by the anjuna Police. The police allowed him to go scot-free and did not make any investigation of the involvement of the said Kadir hussein in respect of the contraband which was found in the room.