N.A. Britto, J.

This appeal is directed against the judgment dated 18.9.2006 of the learned Special Judge, NDPS Court, Mapusa by which the accused has been convicted under Section 20(b)(ii)(C) of the Narcotics Drugs and Psychotropic Substances Act, 1985, and sentenced to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- in default to undergo simple imprisonment for a period of 6 months.

2. Heard Ms. Asha Dessai, the learned counsel on behalf of the appellant/accused and Ms. W. Coutinho, the learned Public Prosecutor on behalf of the respondent.

3. The accused was charged and tried with the allegation that on 13.5.2004 between 14.30 hrs. to 18.30 hrs. the accused was found in illegal possession of 1.51 kgs of charas, near Kamat canteen at KTC bus stand. The case of the accused was of denial simpliciter. Later on the accused came up with the case that his name was not Santosh Kumar but was Jaiprakash Narayan.

4. In order to prove the case, prosecution examined 6 witnesses in all. Mahesh Kaissare/PW 1 is the Junior Scientific Officer who examined the sample and found it to be charas with a total weight, without any wrappings to be 1.445 kgs. Gaurish Mapari/PW 2 is the Scientific Assistant who works in the office of the SP. CID, Crime Branch at Panaji. He received the sample from PI. ANCPS on 14.05.2004 and kept it in his safe custody and on the same day forwarded it to the Director of Food and Drugs Administration. Camilo Menezes/PW 3 was an independent panch witness who accompanied the raiding party at the time of the raid. Anita Rodrigues/PW 4 is the Dy. S.P. who was informed about the information received and at whose instructions the raid was conducted and in her presence as well. Roy Pereira/ PW 5 is the Police inspector from ANC Police Station who conducted the raid. Joao Paes/PW 6 is the Police Constable who a the instructions of PI Pereira weighed and packed the seized substance at the scene and on the next day handed over the same to the said Scientific Assistant Gaurish Mapari/PW 2.

5. Roy Pereira/PW 5, the Police Inspector-in-charge of ANC Police Station has stated that on 13.5.2004, after receipt of specific and reliable information that a Nepali person would be coming near Kamat Canteen, KTC Bus Stand, Panaji between 2.00 and 3.00 p.m. to deliver charas to his customer, he reduced the said information into writing and handed over a copy of the same to Dy. S.P. Anita Rodrigues/PW 4 and after receiving instructions, he conducted the raid in the presence of Shri Camilo Menezes/PW 3 and one Raikar who were called by deputing constable Parab of ANC Police Station and after making necessary entries on the station diary. He also stated that he had tried to secure public servants from the Director, Printing and Stationery, Panaji and Directorate of Industries & Mines, but no persons were sent from the said departments. Thereafter, he introduced the panchas to the members of the raiding party and at about 13.00 hrs, left in a private vehicle and a Government motorcycle for the said raid and at about 14.15 hrs, the accused came and sat near the cement bench near the staircase of the canteen and when they surrounded him. He stated that thereafter the accused gave his name as Santosh Kumar, son of Jayvir, presently residing at Pune. Thereafter, the accused was asked to hand over the bag carried by him which was of pink colour with wordings 'Park Avenue', etc. and upon search of the said bag there was a transparent polythene bag found inside containing in it 5 rectangular shaped substances wrapped in brown masking tape and upon opening, 3 slabs were found containing 2 pieces each wrapped individually in transparent polythene papers while 2 packets were found containing a single piece each wrapped individually in transparent polythene paper and after smelling the same he suspected them to be charas and the same were collectively weighed as 1.51 kgs. and the same thereafter were put i