ARUTLA SHANKARAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No. 463 of 2002, dated 22.08.2007. By the impugned judgment and order the High Court has confirmed the order of conviction passed by the Trial Court in C.C. No. 52 of 1996 dated 02.04.2002. However, the High Court has modified the sentence imposed by the Trial Court. The prosecution case is that on 21.09.1994, the Asst. Excise Superintendent, Nagarkurnool (PW-3), acting on reliable information received by him that contraband had been stored in house No. 2-72, collected' panch witnesses (PW-1 and PW-2) and proceeded to the said house. PW-3 searched the house with the assistance of the Sub-inspector, Excise (PW-5). The search revealed five kilograms of ganja which was immediately seized, together with two samples of the same in the presence of PWs 1 and 2. The Appellant was then arrested and sent for remand.

(2.) Subsequently, the investigation was completed and a charge-sheet was submitted before the Trial Court and taken on file as C.C. No. 52 of 1996. The Appellant appeared before the Trial Court and was furnished with copies of the relevant documents. The Trial Court framed charge against the Appellant under Section 8(c) read with Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"). The charge was read over and explained to the Appellant who then pleaded not guilty. Consequently, the case was committed to trial.

(3.) The prosecution examined five witnesses and produced five documents, while no witnesses were produced by the defense. The Appellant's statement was recorded under Section 313 of the Code of Criminal Procedure (for short, "the Code") wherein he denied the allegations leveled against him.