1. This appeal has been filed by the accused who has been convicted and sentenced under Section 20(b)(ii)(C) of the N.D.P.S. Act, 1985 Act, for short) in Special Criminal Case No.8/2008 by Judgment dated 19-1-2009.

2. The raid in this case was conducted by Police Inspector Suraj Halarnkar/PW7 of ANC Police Station, Panaji on 8-1-2008 on the basis of prior information and the accused was arrested and subsequently a charge-sheet was filed against the accused.

3. The accused was charged and tried with the allegation that on 8-1-2008 between 10.45 to 13.45 hours behind Badem Church, Assagao, the accused was found in illegal possession of 1.765 gms of charas, possession of which he could not account, thereby committing an offence punishable under Section 8(c) r/w Section 20(b)(ii)(C) of the said Act. To prove its case, the prosecution examined seven witnesses.

4. The case of the accused was that a false case was filed against him and he was taken from his residence at 7.00 a.m. and nothing was attached from him. The accused did not examine any witnesses.

5. The learned Special Judge after considering and assessing the evidence led by the prosecution came to the conclusion