MYLA VENKATESWARLU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in this appeal, by special leave, is to the judgment of a learned Single Judge of the Andhra Pradesh High Court dismissing the criminal appeal filed by the appellant questioning the correctness of the judgment and order passed by the Ist Additional Sessions Judge, Guntur. By the said judgment, the appellant (original accused 3) andtwo others viz. Myla Rambabu and Myla Muralikrishna (original accused 1 and 2 respectively and for convenience, referred to as A1 and A2 respectively) were convicted for offences punishable under Section 8(c) read with Section 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short, the NDPS Act ) and sentenced to undergo rigorous imprisonment for six months each and to pay a fine of Rs.5,000/- each. In default of payment of fine, they were directed to undergo simple imprisonment for six months each.

(3.) According to the prosecution, on 5/1/2001, PW-3 CI Koteswara Rao on receiving reliable information about illegal sale of Ganja at Koneru Bazar, Chenchupeta, Tenali, proceeded to Koneru Bazar along with PW-1 PC Shaik Khasim, PW-2 SI Nageswara Rao and one other constable. They noticed the appellant, A1 and A2 sitting under a bridge. On seeing them, the appellant, A1 and A2 tried to run away. PW- 3 CI Koteswara Rao and his team apprehended them. The prosecution story further goes on to say that the appellant, A1 and A2 revealed their names. On questioning, they stated that they were carrying Ganja packets in their pockets. It is further the case of the prosecution that PW-3 CI Koteswara Rao asked them whether they wanted any other gazetted officer for their search and seizure in addition to him to which they replied that they did not want any other gazetted officer and checking by the Circle Inspector of Police was sufficient. In the search, five Ganja packets were recovered from A1, six Ganja packets were recovered from A2 and four Ganja packets were recovered from the appellant. A1, A2 and the appellant are stated to have confessed to the crime. They were then put under arrest. After completion of the investigation, they were charged for the offence under Sections 8(c) read with Section 20(b)(i) of the NDPS Act. The appellant pleaded not guilty to the charge. The evidence led by the prosecution found favour with the trial court and it convicted the appellant, A1 and A2 as aforesaid. The appeal carried from the said judgment was dismissed by the High Court. Hence, this appeal. It must be noted here that A1 and A2 have not challenged the impugned judgment and order and, hence, they are not before us.