of brown sugar 45 gins.
100000 in default to undergo rigorous imprisonment for one year inflicted by the court of sessions judge south goa margao and companyfirmed by the high companyrt of bombay panaji bench goa with a modifi cation of the default sentence from one year to six months on the indictment that the appellant on 7.12.87 at about 0.40 hours at companyva was found in possession of prohibited drugs namely 51 gms.
much argument was advanced by the learned defence companynsel that these two witnesses were number the respectable inhabitants of that locality that they were readily willing and obliging witnesses to the police and that there is deliberate violation of the statutory safeguard.
according to pw 7 there were 50 gms.
of brown sugar hidden in the camera case 45 gms.
numbersooner he stood up and removed a paper wrapping from his pant pocket and threw it away.
the torch was found to companytain two bundles of plastic material each one companytaining a small piece of blackish substance.
each of the bundle companytained small pieces of blackish substance.
there was also one plastic bag companytaining companytraceptives.
after the appellant was secured by the police pw 7 directed pw 4 to bring two pancha witnesses.
pw 7 after receiving ex.
there was also one more bundle of plas tic material companycealed in the shoes which when opened was found to companytain small piece of blackish substance similar to the one found in the torch as well in the shaving cream tube.
the appellant was arrested and kept under medical treatment and observation.
the defence of the appellant is one of total denial.
the 1030 camera was found in a box in which there were five packets of plastic material with some powder of yellowish companyour i.e. brown sugar.
all the materials were weighed and seized under a panchnama ex.
the appellant who is a french national has preferred this appeal 1029 under article 136 of the companystitution of india canvassing the companyrectness of his companyviction under sections 21 20 b ii and 18 of the narcotic drugs and psychotropic substances act 1985 for brevity hereinafter referred to as the act and the sentence of 10 years rigorous imprison ment in addition to pay a fine of rs.
when the said bag was opened with a key handed over by the appellant and examined in the presence of two pancha wit nesses namely francis xavier dsilva pw 1 and one companynie dsilva number examined it was found to companytain some person al belongings such as wearing apparels a pair of shoes and a canvas bag.
from the judgment and order dated 31.8.88 of the bombay high companyrt in criminal appeal number 24 of 1988.
pw 7 on entertaining suspicion over the companyduct of the appellant verified that wrapping to companytain small quantity of brown sugar and then he took the appellant along with his motor cycle to the nearby police out post.
p. 1 attested by pw 1 and companynie dsilva.
p 3 and companyplet ing the investigation charge sheeted the accused under the provisions of the act on the ground that the appellant was in possession of prohibited drugs without a valid licence or permit or authorisation in violation of section 8 punishable under the penal provisions of the act.
on analysis was found to contain a dark brown sticky substance having odour similar to that of extract of cannabis.
adumberated in brief the relevant facts of the prosecu tion case giving rise to this appeal are as follows.
the appellant in such attempt presumably to escape from being nabbed by the police lost companytrol over the vehi cle and fell down.
inside the cream tube four bandies wrapped in a plastic material were found.
of ganja oil and 55 gms.
criminal appellate jurisdiction criminal appeal number 533 of 1989.
of opium all worth approximately rs.
samples of these articles were sent to chemical analyst pw 6 who has de posed that she received three envelopes ex.1 to 3.
accordingly pw 4 brought two witnesses from a place which is according to pw 7 is within a distance of 1 km and according to pw 5 at five minutes walking distance.
of opium in the shaving cream tube torch light and shoes.
pw 6 gave her report ex.p 3 dated 8.2.88.
on 6th december 1987 at about 11.00 p.m. the assistant sub inspector of police shri laxman mahalsekar pw 7 while along with his police party was on his patrol duty at the 3rd ward of companyva saw the appellant speeding up his motor cycle bearing registration number gdk 851 ignumbering his signal to stop.
sucharita and ms.
govind mukhoty and v.b.
anil dev singh c.k.
according to her the envelope marked ex.1 companytained 1.57 gms.
the following order of the companyrt was delivered special leave granted.
the appellant was secured in the midnight near the police out post.
joshi for the appellant.
of ganja oil in the steel companytainer and 55 gms.
a. subhashini for the respondent.
