BOMBAY HIGH COURT
Judge, J
Milan Sarcanski v. State through its Special P. P. Adv. Bhope
| Table of Content |
|---|
| 1. overview of the case and recovery of contraband. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of the evidence and search. (Para 4 , 5 , 6) |
| 3. court's observation on the evidence and legal standards for conviction. (Para 7 , 8 , 9 , 10 , 11) |
1. The appellant is an accused in Special Criminal Case No. 6/95 on the file of the Narcotic Drugs and Psychotropic Substances Court of Mapusa. He challenges the convictions and sentence passed by the Special Judge under S.20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 , whereby the appellant was sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, or in default, to suffer Rigorous Imprisonment for two years.
2. According to the prosecution, on 5th January, 1995, a raiding party of the Anti Narcotic Cell, Panaji, led by Mr. G. M. Jadhav, Police Inspector, was a making a random check in Calangute area. The raiding party also consisted of one Dy. SP Shri Shukla, On information received, the raiding party went to the house where the accused was staying. Admittedly, it was at 8'O clock in the night. When P.I. Jadhav entered the verandah of' the house where the ap
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