JUDGMENT - Dr. E.S. DA SILVA, J.:---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.

4. The brief facts of this case are that on the aforesaid day of 16th November, 1991, at about 6.30 p.m., P.S.I. Sunita Sawant alongwith her raiding party which included two panchas, namely Jagannath Maratha Udapi and Raya Mandreker, besides other police personnel, started from Mapusa Police Station for a general checking of drugs at Calangute, Baga, Anjuna and Vagator. At about 8.30 p.m. when they reached near Blue Bird Restaurant at Vagator, they saw the accused smoking Chilum and thereupon they approached him and disclosed their identity. According to the prosecution, the accused was informed that he would be searched for drugs as they had got reasonable belief that he was suspected to be in possession of drugs. It is the further case of the prosecution that after complying with the necessary formalities, the P.S.I. Sunita told the accused that if he so desired he could be searched in the presence of a Magistrate or any Gazetted Officer. At the same time, the Police party offered themselves for being searched. However, the accused replied in the negative. Thereupon, the P.S.I. arranged and conducted the personal search of the accused in her presence and during the search a bundle of black coloured sticks wrapped in a polythene paper which appeared to be charas, were found in the right hand side pocket of a jacket, which he was wearing. The substance was weighed and found to be 46 gms. of which a sample of 10 gms. was separated and put in an envelope that was packed and sealed. The remaining quantity of 36 gms. was also put in a different envelope and also packed and sealed. Both the panchas and the P.S.I. signed the envelopes. The Chilum found in the mouth of the accused was also attached and put in another polythene bag and packed in polythene envelope and sealed and the same was signed by the panchas. Thereafter, the accused was asked to produce his passport and he stated that the same was in his room. After the panchanama and narration of these facts was recorded, a copy of it was given to the accused, who then led the Police party to his room in order to produce the passport. When they reached the room, the accused took a key which was with him and opened the lock of the room door. There also, the Police party offered themselves to be searched, but the accused declined to search them. The accused thereafter produced his pass-port and on being asked whether there were any more drugs in the room he removed a small pink and black coloured nylon bag which was hung to a hook behind the door. When the bag was opened, some black sticks wrapped in a polythene paper, all in one bundle, which we

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