1. This criminal appeal can be disposed of on a short count, as the learned Counsel for the appellant has restricted the submission, i.e. for conversion of the conviction under section 8(c), read with section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act, for short) to one under section 8(c), read with section 22(b) of the said Act.

2. The brief facts necessary for the disposal of the appeal may be stated thus :

That the appellant (accused No. 1) along with one Jehan Mistri, who was the accused No. 2 (since discharged), was charge-sheeted for the offence punishable under section 8(c), read with section 22(c) of the Act, before the learned Special Judge at Mapusa in Special Criminal Case No. 5/2014.

According to the prosecution, in a raid conducted in the night intervening between 29-8-2013 and 30-8-2013 from 22:00 hours to 1:30 hours, in front of the Electricity Department office, near St. Michael’s Church, Cumbarwado, Anjuna, Bardez, Goa, the appellant was found in illegal possession of 15.5393 grams of MDMA, which is a commercial quantity.

3. At the trial, the prosecution examined in all seven witnesses, including PW-2, Shri K. M. Varshney, who was