The judgment established the principle that strong suspicion supported by material is necessary to frame charges against an accused, and mere presence at the location of an alleged offence does not establish conscious possession or involvement.

JUDGMENT

M S Jawalkar, J. - Heard Shri S. Saudagar and Shri Tushar Jarwal, learned Advocates for the Applicant and Shri S. G. Bhobe, learned Public Prosecutor for the respondents.

2. The present application is filed by the applicant under Section 397 of Cr.P.C. for quashing and setting aside the Order dated 08/04/2021 passed by the Adhoc Additional Sessions Judge, (FTC) Mapusa, Goa. The learned Adhoc Additional Sessions Judge dismissed the application filed by the applicant under Section 227 of CrPC seeking discharge of the applicant in the proceedings initiated under Section 22(c), 20(b)(ii)(A) and Section 29 of the NDPS Act.

3. The brief facts of the case are as under :

The applicant is a German Citizen, aged 40 years and is a qualified Audio Engineer and Roofing Specialist for the assembly of solar panels. He comes from a reputed family settled in Germany. The applicant planned his entire trip to India and booked round trip flight tickets. The applicant arrived in India on 31/01/2020 from Germany and was scheduled to return to Germany on 18/03/2020. The applicant from 31/01/2020 to 05/03/2020 stayed in Goa at a rented accommodation located at 1765 (3) Gummal Waddo, Anjuna Bardez, Goa - 403 509. On 05/03/2020, the applicant had rented an apartment for one night at Exotic Regency, Phase-I , Siolim, Goa as he was scheduled to leave for Assam on the next day. Around this period he met Ms. Arshiya Anjum (Accused No.1) in Goa which was nothing but a mere acquaintance. The applicant being a totally stranger in a new country was not aware of any credential or any conduct of the Accused No.1. On 06/03/2020, the applicant went to Assam and returned on 09/03/2020. The applicant stayed at an apartment in Exotic Regency, Phase-I, Siolim, Goa till 12/03/2020 and the applicant checked out on 12/03/2020 with all his belongings to meet his friends at Arambol. While the applicant was going to meet him, the applicant was picked up by respondent No.1.

As per the FIR dated 13.03.2020 read with Complaint and Panchanama Report (being part of Chargesheet dated 07.09.2020), it is the case of Respondent No. 1, that on 13.03.2020, a Head Constable namely Mr. Mohan Parab along with PSI Vidyesh Pilgoankar, Tirtharaj Mhamal and Shrekrishna Redkar PC, were patrolling in a private vehicle and while patrolling at about 01:15 hour (early morning), PSI Vidyesh received specific and reliable information that the Main Accused Ms. Arshiya Anjum (Accused no.1) had concealed narcotic drugs at her rented apartment at Flat no.CG-5, C Complex, Phase II, Exotic Regency, Tarchi Bhat, Siolim, Goa and the said person (lady) is likely to dispose of the drugs to the customer at about 03:00 hrs to 04:00 hrs (early morning).

Accordingly, Respondent No.1 with some more Police officers were called and allegedly a raid was conducted without obtaining any search warrant between 02:45 hours till 05:40 hours (early morning). The Respondent No.1 states that commercial quantity of LSD in 12 perforated sheets weighing about 17.4 grams, was obtained from the apartment of the Accused no.1 along with small quantity of charas weighing around 6.2 grams. It is also the case of Respondent No. 1 that the Applicant herein was present in the Accused No.1's flat. As per the F.I.R and the Panchnama Report, the 12 perforated paper sheets recovered from the Flat occupied by the Accused no.1 (Ms. Arshiya Anjum) wherein the suspected LSD was kept in the safe locker of a steel cupboard belonging to the Accused no.1 in her bedroom. Inside the safe locker, there was one silver color polythene zip lock bag. Inside the zip lock bag there was one autopress polythene bag where the suspected LSD was kept safely. As per the Complaint and Panchnama, which forms the part of the Chargesheet, there is a clear admission made by Accused no.1 that the suspected LSD belonged to her. The steel cupboard, apart from the suspected LSD and Charas contained the belongings of Accused no.1 only which mainly comprised of women's