RUDRAPPA BHIMAPPA HUNASHYAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been filed by the appellant-accused No.1 challenging his conviction for the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (in short 'NDPS') Act, 1985 by the Special Judge (Prl. Sessions Judge) Belgaum by Judgment dated 06.06.2011 where under the appellant-accused No.1 has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.20,000/- for offence under section 20(b)(ii)(B) of NDPS Act, 1985. In default of payment of fine he shall undergo rigorous imprisonment for a further period of nine months. The accused No.2 has been acquitted by the said Judgment for the offence punishable under section 20(b)(ii)(B) of the NDPS Act, 1985.

(2.) The factual matrix of the case are as under:

(3.) The Sub Inspector of Police, Ghataprabha Police Station who has examined as PW.6 is stated to have received credible information on 09.02.2008 at 7.15 a.m. while he was in Police Station, that two persons by name Rudrappa Bhimappa Hunshyal and Siddaram Benakatti are keeping ganja in a handbag so as to sell the same in Shindikurubet village and they are awaiting vehicle near GLBC Canal, Ghataprabha- Gokak road to travel to Shindikurubet village and the said credible information has been received over telephone. Immediately, PW.6 secured PW.1- Sri.S.K.Thakalake, Veterinary Doctor, Ghataprabha and two independent panchas PWs.2 and 3 and a photographer. Immediately, at about 8.10. a.m. PW.6 along with PWs.1 to 3 and other staff came near GLBC canal situated on Ghataprabha-Gokak road and reached at about 8.15 a.m. Two persons were standing near the said canal and when they saw the Police van, they started running and he and his staff tried to secure them and they secured one person by name Rudrappa Bhimmappa Hunshyal (accused No.1) and another person ran away and accused No.1 told his name as Siddaram Benakatti. Accused No.1 was holding a bag and he told his name as Rudrappa Bhimmappa Hunshyal and on questioning he told that he and another were going to Shindikurubet and on checking the bag which he was holding there was a ganja weighing 1 kg 500 grams in it and out of it he took 100 grams as sample for the purpose of chemical examination and separately packed it and also packed remaining ganja and got taken photos and prepared mahazar as per Ex.P.3. The panchas and Gazetted officer affixed their signature on it and accused No.1 also affixed his LTM on it. He along with accused and articles seized came to Police Station and filed a complaint as per Ex.P.7 and handed over the same to PW.5 B.Y.Adimani, PSI and the said B.Y.Adimani registered the said complaint in Crime No.41/2008 for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act, 1985.