BABU RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Appellant Babu Rao has been convicted by the Special Judge, Metropolitan Area, Bangalore City under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 50,000/- or in default to suffer rigorous imprisonment for one year. Canvassing the correctness and legality of the said order of conviction and sentence he has preferred this appeal through the Senior Jail Superintendent, Central prison, Bangalore.

(2.) Sri R. C. Ijari was appointed as Amicus Curiae to argue this appeal on behalf of the appellant and he has ably assisted the Court.

(3.) The case of the prosecution is brief and simple : On 27-2-90 at about 5-30 p.m. the accused was found in possession of some ganja packets while he was selling the same to the public behind Seetharama Choultry, Kengeri. The Special squad of the Commissioner of Police, Bangalore which was on beat rounds having received information regarding the alleged sale of ganja packets, rushed to the spot and apprehended the accused and seized 17 packets of ganja from him. The persons who had gathered there to but the ganja packets from the accused ran away on arrival of the Special squad of Police. The said squad consisted of the Circle Inspector of Police, Syed Rafik (PW 5) and the Sub-Inspector of Police Jutike Gowda (PW 2). After apprehending the accused, PW 2 seized 17 packets of ganja from him under a mahazar Ex. P.1. All the packets were put in a cover with a seal bearing 'SS' mark. The accused was taken to Kengeri Police Station and PW 2 produced Ex. P.1 the mahazar and also his complaint Ex. P.2. P.W. 3 V. Venkatesh, the then Station House Officer, registered a case against the accused in Crime No. 22/90 for an offence punishable under Section 20(b) of the NDPS Act and issued FIR. They seized ganja packets from the cover and subjected it to property form and the accused was arrested. Subsequently, P.W. 4 the Sub-Inspector of Police, Kengerigate Police Station took up further investigation. The seized ganja packets were sent to the Forensic Science Laboratory and after completion of due investigation, a charge-sheet was filed against the accused before the II Addl. C.M.M. Bangalore for the said offence. Thereafter, the case was committed to the Court of the Special Judge, Metropolitan Area, Bangalore City.