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1997 Supreme(Bom) 392

R.M.S.KHANDEPARKAR, R.K.BATTA
Premchand – Appellant
Versus
State of Goa – Respondent


JUDGMENT

R.K. Batta, J. - The appellant was tried for possession of 418 grams of charas without having any legal documents under Section 20(b)(ii) of the N.D.P.S. Act, 1985 (hereinafter called the said Act). The appellant had pleaded not guilty and the prosecution had examined five witnesses in support of the charge. The said five witnesses are P.W. 1 Mahesh Kaissare, Jr. Scientific Officer in the Office of Food and Drugs Administration who had analysed the charas sample which was forwarded to him; P.W. 2 Nitin Kesarkar in whose presence the charas in question was recovered from the person of the appellant; P.W. 3 Manohar Joshi, Scientific Assistant in the Crime Branch, C.ID. Panaji in whose safe custody the charas sample was kept and who forwarded the same to the Office of Food and Drugs for analysis; P.W. 4 Naresh Mhamal who was one of the members of the raiding party and P.W. 5 Shirish Thorat who conducted the search and investigated the case.

2. The Special Judge accepted the evidence of the prosecution witnesses and convicted the appellant for possession of 418 grams of charas under Section 20(b)(ii) of the said Act. The appellant was sentenced to suffer Rigorous Imprisonment fo





























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