1). Being aggrieved by his conviction by the judgment and order dated 6th May, 2006 for the offences punishable under Section 20(b)(ii)(B) and Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the N.D.P.S. Act”) the appellant prefers this appeal. On the first charge, he has been sentenced to undergo rigorous imprisonment for one year and pay fine of Rs.10,000/-. For the second charge, he has been sentenced to rigorous imprisonment for 10 years and pay fine of Rs.1,00,000/-.

2). The case of the prosecution stated in brief is as follows:-

On 16th April, 2004 at 01.35 hrs an unknown telephone call was received by Anjuna Police Station that some problem had taken place at Paradiso, Anjuna. Therefore, Anjuna mobile van was sent to Paradiso for further action. On reaching the spot, P.W.6-Head Constable, Naik of mobile van found the appellant lying near Paradiso, Anjuna in injured condition. He was therefore shifted to Asilo Hospital, Mapusa for medical treatment. At the hospital, he was found to have sustained the injury of abrasion of 1 x 0.5 cm on left parito-occipital region associated with haematoma of about 2.5 cm