G SRINIVAS GOUD Vs. STATE OF A P

JUDGEMENT

(1.) These two appeals arise from a common judgment of the High Court maintaining the conviction of the appellants under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) and sentencing both of them to rigorous imprisonment for ten years and a fine of Rupees one lakh each, in default of payment of fine further imprisonment of six months to the defaulter.

(2.) As per the prosecution case, P.W.1, who happens to be the Assistant Commissioner, Prohibition and Excise, received information about illegal possession of Diazepam in premises bearing No. 12-13-700/2 Nagarjuna Nagar, Tarnaka, Secunderabad, Diazepam is a banned drug under the Act. One receipt of this information he prepared a memo of search proceedings and proceeded to the place in question along with two constables. On his way he took two persons along, one of them being a police constable to act as a mediators/independent persons. The memo of search proceeding is Exhibit P.1. After reaching the spot, he prepared a panchnama, Exhibit P.2 which is signed by the accused persons, two panch witnesses in addition to the three officers of the department. A copy of the panchnama was supplied to both the accused. According to the panchnama, on reaching the premises, the main doors were found open. The raiding party entered the house. They found two persons, the present appellants, sitting in a room. The house was searched and a plastic bag containing some chemical was found in a corner. The bag weighed about 20 kg. It was opened. It had white powder like substance. The two persons present in the house said that the substance was Diazepam. They were informed that the officer, P. Sivarama Sastry, was a gazetted officer. The officer took around one gram of chemical in a clean dish and made a spot verification about what it was by using some chemical which he was carrying with him and found that the substance contained in the bag was Diazepam. The occupants of the room did not have permit or licence for possessing the substance. The officers were informed that the substance had been purchased by one of the occupants viz. G. Sreenivisa Goud, A.1 from the other occupant, M. Uma Maheshwar, A.2. The prosecution examined six witnesses, besides exhibiting the search memo as Exhibit P.1. and the panchnama as Exhibit P2. MOs 1, 2, 3 are the main bag containing Diazepam and the two samples respectively. Exhibit P.4 is the report of the Government Chemical Examiner, Regional Excise Lab, Hyderabad (A.P.). According to the report the sample contained diazepam and urea. The defence of the appellants was that of total denial. The trial court convicted both the accused for offence under Section 22 of the NDPS Act and sentenced them as aforesaid. The High Court maintained the conviction while dismissing the appeals of both the accused.

(3.) The learned counsel for the appellant raised the following points :