MAZZANTI ESPOSTO GIAN CARLO Vs. STATE OF GOA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Special Judge, N. D. P. S. Court, Mapusa, dated 4th March, 1993, in Special Criminal Case No. 23/92, whereby the appellant/accused (hereinafter called "the accused") was convicted for offences under section 20 (b) (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter called "the Act") and sentenced to undergo ten years of Rigorous Imprisonment and to pay a fine of Rs. 1,00,000/- , or, in default, to undergo further one year Rigorous Imprisonment.

(2.) THE accused was charged on the ground that on 16th November, 1991, at about 8 p. m. at Blue Bird Restaurant, Vagator, he was found in possession of 46 gms. of charas without any licence or document, in contravention of section 8 of the Act and further, on the said date at about 9. 20 p. m. when the search was conducted in his room, he was found in possession of 62 grams of charas, also without licence, in terms of section 8 of the said Act.

(3.) THE accused pleaded not guilty to the charge and he has stated that the charas seized was not his as it belonged to others, because in the same house some more people were also living. The learned Judge after recording the evidence of the prosecution witnesses found the appellant guilty of the said offence and sentenced him accordingly.