M.S.SONAK
Kushal Puri – Appellant
Versus
State – Respondent
JUDGMENT :
1. Heard Mr. Poulekar for the Appellant and Mr. Mahesh Amonkar, learned Public Prosecutor for the State.
2. This Appeal is directed against the Judgment and order dated 19/25th November, 2016, made by the learned Sessions Judge, in NDPS Case No.40/2015, convicting the Appellant for offences punishable under Section 20 (b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), for illegal possession of commercial quantity of charas and sentencing him to undergo imprisonment for a period of 10 years and to pay fine of Rs.1,00,000/- and in default, to undergo simple imprisonment for a period of six months.
3. The Prosecution case is that on 2nd July, 2015, between 19.10 hours to 21.40 hours, at Agarwado Junction, Pernem, Goa, when the Police team, headed by the Police Sub-Inspector (PSI) Kishor (PW.6) was patrolling the area, they found the appellant (accused) moving in a suspicious manner. On seeing the police, the accused attempted to run away and therefore, chased and apprehended on the suspicion that he might be carrying narcotics. Thereafter, the Panchas were called. A shoulder bag which the accused was carrying, was first searched. In it, the team
State of Punjab vs. Baldev Singh (1999) 6 SCC 172)
Vijaysinh Chandubha Jadeja vs. State of Gujarat (2011) 1 SCC 609
Mr. Amonkar also relies on State of H.P. vs. Pawan Kumar (2005) 4 SCC 350
State of Punjab vs. Balbir Singh (1994) 3 SCC 299
Ashok Kumar Sharma v. State of Rajasthan (2013) 2 SCC 67
Narcotics Control Bureau v. Sukh Dev Raj Sodhi (2011) 6 SCC 392
Union of India and ors. vs. Dhanwanti Devi and ors. (1996) 6 SCC 44)
AIR India Cabin Crew Association and ors. vs. Union of India (2012) 1 SCC 619
Royal Medical Trust and anr. vs. Union of India and anr. (2017) 16 SCC 605
Bihar School Examination Board vs. Suresh Prasad Sinha (2009) 8 SCC 483
Kalyan Chandra Sarkar vs. Rajesh Ranjan and anr. (2005) 2 SCC 42
Ravinder Kaur Grewal and ors. vs. Manjit Kaur and ors. (2019 (8) SCC 729
State of Rajasthan vs. Mahaveer Oil Industries and ors. (1999 (4) SCC 357
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