N.A. Britto, J.-This appeal is by the accused who has been tried, convicted and sentenced under Section 20(b)(ii)(B) of NDPS Act, 1985 (Act, for short) to undergo R.I. for a term of four years and to pay a fine of Rs. 30,000/- and in default to undergo S.I. for four months with a rider that the period of detention from 10.12.2003 to 22.1.2004 shall be set off against the said sentence.

2. The raid was conducted by Police Inspector Shri Pereira/PW 4 of ANC Police Station, Panaji, upon prior information. The charge against the accused was that the accused was found in illegal possession of 3.102 kgs. ganja on 10.2.2003 at about 18.10 hours near Colonia de Braganza at Naikawaddo, Calangute for which the accused could not lawfully account for. In support of the charge prosecution had examined six witnesses which included P.I. Shri Pereira/PW 4, the panch witness Jacinto Travasso/PW 3 and the analyst Mahesh Kaissare/PW 1.

3. The learned Special Judge after considering the evidence produced by the prosecution concluded that the prosecution has established its case beyond all reasonable doubt against the accused and proceeded to convict and sentence the accused as aforesaid.

4.