JUDGMENT - T.K. CHANDRASHEKHARA DAS, J. :---The accused in Special Criminal Case No. 17 of 1993 on the file of Narcotic Drugs and Psychotropic Substances Court, Mapusa, is the appellant herein. He was convicted under section 20(b)(i) of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 20,000/-- and in default to undergo further rigorous imprisonment for a period of 4 months.

2.According to the prosecution on 27th August 1993 on receipt of previous information that a person carrying a suitcase will be arriving at Collem Railway Station with a consignment of narcotic drugs, P.I. Alex Pereira alongwith the other staff members of the Anti-Narcotic Cell accompanied by the A.S.P. Shri Goutem and two panch witnesses proceeded to the Railway Station at Collem at about 8.15 p.m. While they were keeping watch on the passengers leaving the Collem Railway Station, they spotted the accused carrying a light-blue suitcase as he was suspected of being in possession of narcotic drugs. The accused was apprehended by the raiding party. On a personal search of the accused the raiding party recovered Ganja weighing 7.4 Kgs., which was kept in the suitcase, which was carried by him. After preparing the panchanama and fulfilling other formalities, 50 gms. out of the 7.4 Kgs. were taken as sample and sent for chemical analysis. On receipt of the Chemical Analyser's report it was found that the substance was Ganja. The appellant was arrested and charge-sheet was filed against him. After the trial the lower Court found the appellant guilty though he denied having committed the offence.

3.The Counsel for the appellant has taken me through the various statements made by the witnesses before the Court. Although two panchas went alongwith the raiding party and in whose presence the search was made and the contraband seized, only one of them was examined for reasons best known to the prosecution. P.W. 2 is the panch witness who was examined. The learned Counsel for the appellant submits that the non-examination of the other panch witness, who was a party to the panchanama is fatal to the prosecution. I cannot agree with this argument of the learned Counsel for the appellant. It is not always possible to contend that the evidence of the police needs corroboration by an independent witness. But in a narcotic case where the search and seizure are the pivotal portions of the investigation, the statement of the official witness should have been corroborated at least by one independent witness. Here P.W. 5 the Police Inspector, who is the Investigating Officer and who is also responsible for the search has been examined. He has spoken on the detail of events that had taken place on 27th August 1993 with all material particulars and with necessary precision. But the learned Counsel for the appellant pointed out that though non-examination of all the panchas may not affect the prosecution case, the evidence of pancha who was examined must be thoroughly corroborated with the evidence of the official witness. I find considerable force in the arguments of the Counsel for the appellant. As I pointed out earlier the search and seizure are important parts of the investigation that have to be proved in such a manner as prescribed by the statute. In this background it is profitable to examine the panch witness, Shri Sagarkrishna Ganjekar (P.W. 2). Let us examine his version in the vital part of his statement in examination-in-chief, which is as follows:---

"Thereafter P.I. Alex Pereira introduced himself and the other member of the raiding party to the accused who also introduced me and the other panchas to the accused. P.I. Alex Pereira informed accused that he suspected that the suit case being carried by the accused contained drugs and that search is required to be conducted. P.I. Alex Pereira also told to accused that if the accused desires he was free to take the search of the raiding party and the

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