RIYAZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the judgment and order of conviction and sentence passed in Spl (NDPS) Case No.5/2009 on the file of the Court of Special Judge, Shimoga for the offence punishable under Section 8(c) r/w Sec.20(b) (ii) (B) of the NDPS Act , 1985, appellant/accused has preferred this appeal.

(2.) I have heard the learned counsel for the appellant and the learned HCGP for the respondent-State.

(3.) Brief facts of the prosecution are that on 15.03.2009 at about 8.00 a.m., PW-1 Dy.S.P received a credible information that one person is in possession of Ganja, near Ambedkar Circle at Shikaripura town police station. Immediately he secured panchas and went to the spot along with his staff and panchas and noticed the accused standing opposite to Venkateshwara Iyengar Bakery near Ambedkar Circle, holding a bag in his hand. He was surrounded and on search it was found that he was in possession of 2 kgs of Ganja in the bag. The Ganja along with the bag was seized under a mahazar-Ex.P1. About 100 grams of Ganja was taken as sample for sending it for chemical examination . After receipt of the report as per Ex.P3 and after completion of the investigation charge sheet was filed against the accused.