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1987 Supreme(Bom) 182

G.F.COUTO, G.D.KAMAT
Amarjit Singh Cheema – Appellant
Versus
State through Public Prosecutor – Respondent


JUDGMENT - G.D. KAMAT, J.:---The appellant has been convicted by the judgment and order dated 11th of March, 1987, in Sessions Case No. 67 of 86, by the Additional Sessions Judge, Panaji, under section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for short "the Act" and sentenced to 10 years Rigorous imprisonment and a fine of Rupees one lakh and, in default thereof, to undergo an imprisonment of 2 and half years.

2. The prosecution case against the appellant is that on 28th September, 1986, at about 10.15 hours the appellant was found near the sign board showing Coco-Banana Bar and Restaurant. Calangute-Goa, in suspicious circumstances, with a polythene bag in his hand. S.D.P.O. Shri Dilip Kumar (P.W. 2), who is in charge of the Narcotic Squad, while on his patrolling duty at Calangute, apprehended the appellant near the beach and recovered 1.5 kgs. of charas, rolled sticks in different sizes. Foreign currency in American dollars of the value of 500 U.S. Dollars ($ 100 x 5 bills) and Indian Currency of Rupees 781/- was also recovered from him. On the subsequent day, i.e. 29th September, 1986, the police raided Room No. 21 of Bismark Hotel at Vasco-da-Gama,










































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