Advocates:
['ADV YADNYESH KOTKAR', '', 'ADV RONIT NAIK', 'ADV KAMLAKANT POULEKAR']

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crir no.26 of 2019

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO.26 OF 2019

Mr. Florian Kern

…. Applicant

V/s.

State & Anr.

…. Respondents

Shri Kamlakant Poulekar, Advocate for the Applicant.

Shri S.R. Rivankar, Public Prosecutor for the Respondents.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Reserved on :- 29^th July, 2019

Pronounced on :- 7^th August, 2019

ORDER :

Legality, propriety and correctness of the impugned order

dated 01/06/2019 passed by the Sessions Judge, Panaji in Crime

No.151/2018 has been impugned by way of this revision.

2.

The applicant is a German national. He was arrested by

the respondent no.1 on 05/12/2018 as according to the prosecution the

applicant was caught red handed for having possessed liquid

substance suspected to be LSD weighing about 100.91 gms and charas

weighing about 50 gms at flat no.B-6, block no.B, Red Rock

Elegance, Marna, Siolim, Bardez-Goa. The narcotic substances were

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crir no.26 of 2019

found in six transparent auto press polythene packets, worth

₹10,35,000/- approximately in the international market.

3.

Investigating Officer Mr. Amonkar, after placing the

applicant under arrest on 05/12/2018 at 16.30 hrs., explained him the

grounds of arrest and requested him to intimate German Consulate.

After completing the necessary formalities of seizure of the narcotic

drugs under panchanama, the representative samples procured and

seized have been forwarded to CFSL Kolkata for examination. Since,

the seized drugs LSD is in commercial quantity and the charas had

been sent to the Director of Central Forensic Science Laboratory,

Kolkata and the Director of Goa Forensic Science Laboratory for

chemical analysis. The reports are awaited.

4.

Shri Poulekar, the learned Counsel for the applicant

contends that the applicant has been falsely implicated in this case and

a false FIR under Sections 20(b)(ii)(A) & 22(c) of the NDPS Act has

been registered.

5.

According to the learned Counsel for the applicant as per

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crir no.26 of 2019

Section 36(A)(4) of the NDPS Act, the respondent was required to

complete investigation and file charge sheet within a period of 180

days from the date of first remand. The period of 180 days expired on

03/06/2019. He was produced before the Sessions Judge on

01/06/2019. The copy of the application for extension of remand was

handed over to the applicant on 30/05/2019.

6.

It is contended that there is absolutely no application of

mind neither by the learned Public Prosecutor in filing the application

for extension of time nor there is any application of mind by the

learned Special Judge while extending the period by 01/09/2019. In

short, it is the contention of the learned Counsel for the applicant that

a charge sheet could have been filed against the applicant when there

is report of the chemical analysis as it is the case of the prosecution

that they had used Field Drug Detection Kit on the spot in order to

come to a conclusion that the said substances are prohibited

substances under the NDPS Act and therefore time should not have

been extended to file the charge sheet.

7.

It is contended that the impugned order extending the

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crir no.26 of 2019

period further is violative of the principles of natural justice as the

applicant was not reasonably notified nor was awarded any

opportunity to respond to the application dated 01/06/2019.

8.

Shri Rivankar, on the other hand, justified the further

extension of period by contending that at the time of seizure of the

suspected narcotic drug, representative samples were procured which

were forwarded to CFSL, Kolkata, for examination and report and

therefore the investigation is still in progress.

9.

It is further contended that unless such report is received,

the investigation cannot be said to be complete. It is submitted that

despite interrogation by the applicant to find out the source of the

drug, there is no response from the appli