Case Note & Summary
The prosecution case was that on 29.11.2009, Lady Police Sub Inspector Mira D'Silva (PW 9), attached to the Anti-Narcotic Police Station, Panaji-Goa, received reliable information that three males and three females, all Nepali nationals, would be arriving at Siolim, Opposite St. Anthony Church Junction, in a taxi between 22:15 hours and 23:15 hours to deliver a narcotic substance, Charas, to prospective customers. The information was reduced to writing and sent to the Deputy Superintendent of Police (PW 4). PW 9 secured two panch witnesses, Vilas Naroji (PW 3) and Jayesh Vasant Naik, and assembled a raiding party consisting of PSI Arjun Konduskar (PW 5) and several police constables. They carried a kit box with weighing, packing, and sealing materials, a typewriter, and the seal of the Anti Narcotic Cell, Panaji-Goa with the Ashoka Emblem. The raiding party proceeded in a police jeep and reached the vicinity of St. Anthony Church Junction at about 20:50 hours, where they concealed themselves. At around 23:30 hours, a yellow and black Maruti Omni taxi bearing registration number GA-01-Z-6615 arrived from Bamonwada side. The raiding party stopped the taxi. The driver, Satish Kalangutkar (PW 8), stated he had brought passengers from Thivim Railway Station. The taxi contained six Nepali individuals — three males and three females. PW 9 informed them of their right to be searched in the presence of a Gazetted Officer or Magistrate, but they declined. They also declined the offer to search the raiding party members. PSI Arjun Konduskar (PW 5) then conducted personal searches of the three male accused: Bhim Bahadur Roka (accused no. 1), Balraj Thappa (accused no. 2), and Dhibilal Budha (accused no. 3). From Bhim Bahadur Roka, a blue coloured bag around his neck was found containing five packets of a blackish substance, later confirmed as Charas, weighing 1.670 kg. Balraj Thappa had a grey coloured bag around his neck containing 51 comb-shaped pieces of Charas, totalling 1.755 kg. Dhibilal Budha had a shoulder bag containing 1.595 kg of Charas. PW 9 Mira D'Silva then searched the three female accused: Maya Roka (accused no. 4), Kumari Peram Pun (accused no. 5), and Dilkumari Thappa (accused no. 6). Maya Roka had a red coloured shoulder bag with four packets of Charas weighing 1.665 kg. Kumari Peram Pun had a brown coloured rexin shoulder bag with four packets totalling 1.620 kg. Dilkumari Thappa had concealed Charas in a yellow cloth belt tied around her stomach, weighing 1.555 kg. All searches were conducted in the presence of the panch witnesses and the raiding party. The total quantity of Charas seized was approximately 9.860 kg, valued at Rs. 9,86,000. The contraband was sealed on the spot with the Anti Narcotic Cell seal, and the panchanama was prepared. The seal was later sent to the Deputy Superintendent of Police for safe custody. A seizure report was delivered to the accused, and a letter was addressed to the Director, Food and Drugs Administration (DFDA), Panaji. The contraband was forwarded to the DFDA, where it was analysed by PW 1 Mahesh Kaisare, who conducted tests and confirmed it as Charas. After investigation, a charge-sheet was filed under Section 8(c) read with Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The accused appeared before the Special Judge, NDPS Court, Mapusa, on 19.05.2010, and charges were framed. They pleaded not guilty. The prosecution examined nine witnesses, including the chemical analyst, panch witness, police officers, and the taxi driver. The general defence was that they were falsely implicated. No defence evidence was led. The trial court convicted all accused under Section 20(b)(ii)(C) and sentenced them to ten years rigorous imprisonment and a fine of Rs. 1 lakh each, with a default sentence of six months rigorous imprisonment. The convicted persons filed the present appeals challenging the conviction and sentence. The High Court heard the appeals together. The court reserved judgment on 19/07/2017 and pronounced it on 08/08/2017. The legal issues before the High Court likely concerned the legality of the search and seizure, compliance with procedural safeguards under the NDPS Act, and the sufficiency of the evidence to prove possession beyond reasonable doubt. However, the provided excerpt of the judgment does not contain the court's analysis, findings, or the final decision on the appeals.
Issue of Consideration
Criminal Appeal Nos.46 2014.
