Vaidyanatha, J. :- This is an appeal against the judgement dated 29th September, 1993 in Special Criminal Case No. 14/92 on the file of the Narcotic Drugs and Psychotropic Substances Court, Mapusa. We have heard the learned counsel for the appellant and the learned Public Prosecutor.

2. The appellant and three other accused were prosecuted by the Police for an offence under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case is that on 12th February, 1992, on reliable information the Sub-Inspector, Anti-Narcotic Cell, Panaji, along with panchas entered a hotel called Ali Baba Sea Food and Juice Corner at Baga. The appellant was found there. Then the Sub-Inspector Smt. Sunita told the appellant that he is suspected to be in possession of drugs and required to be searched. She also gave an option that if he desired he could be searched before a Magistrate or a Gazetted Officer, but the appellant declined the Offer. Then the person of the appellant was searched. In the left side pant pocket of the appellant cash of Rs. 2364/- was found and on the right side pant pocket charas sticks were found, which were wrapped in a transparent pol