VADDI RATNAM Vs. STATE OF A.P.

JUDGEMENT

(1.) Briefly stated, the facts of the case are that on 1/1/2002, the State Task Force Prohibition and Excise Inspector accompanied by other officials, while on patrolling duty near Dayamani Restaurant, Kathipudi village, noticed two women, namely, the appellant herein ("Accused no.2") and the co-accused Nerella Vijaya Lakshmi ("Accused no.1") proceeding on foot. The co-accused was seen carrying a yellow handbag, which she immediately handed over to the appellant herein, upon noticing the raid party. Both the said accused persons tried to flee from the spot however they were successfully apprehended. Upon enquiry, they disclosed that the handbag contained opium. A search of the bag yielded six packets of opium, out of which five contained one kilogram of opium each, and the sixth contained half a kilogram of opium. During interrogation, both the accused persons stated that they were engaged in the opium trade and disclosed that the contraband had been procured from Anaparthi for resale.

(2.) Based on the aforesaid facts, Crime No.466 of 2001-02 came to be registered with the Prohibition and Excise Station Prathipadu, District East Godavari, against the appellant herein and the co-accused under Sec. 8(c) read with Sec. 9 (vi) of the Narcotic Drugs and Psychotropic Substances Act, 1958 (for short, "NDPS Act").

(3.) The Special Sessions Court for Trial of Cases under the NDPS Act (Ist Additional Sessions Court), East Godavari at Rajahmundry (for short, "Trial Court") framed charges under Sec. 8(c) read with Sec. 18 of the NDPS Act. On recording evidence, vide judgment and order dtd. 14/10/2005 in N.D.P.S. S.C No.14 of 2002, the Trial Court convicted the appellant herein and the co-accused under Sec. 8(c) read with Sec. 18 of the NDPS Act, and imposed a minimum sentence of rigorous imprisonment for a period of ten years each. They were further directed to pay a fine of Rs.1,00,000.00 each and, in default, to undergo simple imprisonment of 2.5 years each.