JUDGEMENT
N. A. Britto, J. -
(1.)This appeal is by the accused who has been tried, convicted
and sentenced under section 20(b)(ii)(B) of N.D.P.S. Act, 1985(Act, for short)
to undergo R. I. for a term of four years and to pay a fine of Rs.30,000/- and
in default to undergo S. I. for four months with a rider that the period of
detention from 10-12-2003 to 22-1-2004 shall be set off against the said
sentence.
(2.)The raid was conducted by Police Inspector Shri Pereira/PW4
of ANC Police Station, Panaji, upon prior information. The charge against the
accused was that the accused was found in illegal possession of 3.102 kgs.
of ganja on 10-2-2003 at about 18.10 hours near Colonia de Braganza at
Naikawaddo, Calangute for which the accused could not lawfully account for.
In support of the charge prosecution had examined six witnesses which
included P. I. Shri Pereira/PW4, the panch witness Jacinto Travasso/PW3
and the analyst Mahesh Kaissare/PW1.
(3.)The learned Special Judge after considering the evidence
produced by the prosecution concluded that the prosecution has established
its case beyond all reasonable doubt against the accused and proceeded to
convict and sentence the accused as aforesaid.
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