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1992 Supreme(Bom) 510

E.S.DA SILVA, A.V.SAVANT
Brown Nicholas William Jonathan, British National – Appellant
Versus
State of Goa – Respondent


JUDGMENT (ORAL)

Savant J. - This appeal presents a very sorry state of affairs and despite this Court having repeatedly expressed its concern about the growing menace of drugs spreading in Goa, we are disturbed to say that the manner in which the investigation was carried out leaves much to be desired. What is really unfortunate is that the Court is totally helpless in a situation where even the elementary norms required to be observed are thrown to winds the person of the accused in which there was a chillum. This search was around 12 noon on 21st December 1990. The panchanama Ex. P.W. 2/A was drawn between 1.15 to 2.20 p.m. on the same day. The two panchas are Sunil Pednekar and Vefikatesh Naik, out of whom the latter has been examined as P.W. 2. The accused was then taken to the Calangute Police Station where the complaint was lodged by P.W: 3 Dias which complaint is at Ex. P.W. 3/A. This has been registered as C.R. No. 143 of 1990, at about 3.00 p.m. on 21st December, 1990.

4. It appears that the accused was detained at the Calangute Police Station where his formal arrest Was recorded. There is, however, some controversy about the exact duration for which the accused was detai













































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