DAULATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellants (accused 1 and 2) were tried for an offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also for offences punishable under Sections 279 and 338 IPC. The learned Sessions Judge convicted and sentenced accused No.1 and 2 for offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act. The learned Special Judge convicted and sentenced accused No.1 to fine of Rs.1,000/ - each for offences punishable under Sections 279 and 338 IPC. Therefore, they are before this Court.

(2.) I have heard Sri Pramod Chandra, learned counsel for accused and learned Government Advocate for State.

(3.) IT is established from evidence on record that on 28.2.2002 at 6.30 p.m., PW1 P.Shridhar, Assistant Forest Conservator, Kollegal Forest Range and other officials were patrolling near Madikere forest range in Kollegala. At that time, accused 1 and 2 came on a scooter bearing No.KA E 8447. Accused No.1 was riding the scooter. On seeing the forest officials, accused No.1 got scared and dashed scooter against a road side tree. PW1 and other officials got suspicion and they were able to apprehend accused No.1. Accused No.2 ran away and escaped. PW1 and other officials searched the scooter suspecting that accused No.1 was using scooter for illegal transportation of forest produce. They found 4 kgs. of ganja leaves in the scooter. Therefore, they brought accused No.1, scooter and ganja and produced the same before the jurisdictional police officer namely, PW1 P.Shridhar who registered first information, conducted part of the investigation. The remaining part of investigation was completed by PW12 T.Mahadeva, then working as Circle Inspector of Kollegal Rural Police Station. From evidence of PW1, we find that he had no grudge or grievance against accused. The recovery of ganja from scooter of accused was a chance recovery. Accused No.1 on seeing forest officials, got scared and lost balance over his scooter and dashed scooter against a road side tree. Accused No.2 fled away from the place. He was later arrested by police. Accused No.1 was transporting 4 kgs. of ganja along with accused No.2. If accused No.2 was not involved in illegal transportation of 4 kgs. of ganja along with accused No.1, he would not have ran away from that place. PW2 P.Mahadevaiah, the then Forest Guard, PW3 N.Nataraju, the then Forest Watcher have given evidence regarding the circumstances under which accused No.1 was arrested and 4 kgs. of ganja was seized from his scooter. They have deposed that matter was reported to the jurisdictional police officer. During investigation, the samples of seized ganja was sent for chemical examination. Ex.P6 is the certificate sent by Divisional Public Analyst -cum -Regional Assistant Chemical Examiner to the Government of Karnataka, which would reveal that sample of seized contraband contained ganja. The total quantity of ganja was 4 kgs, which in terms of Schedule under Section 2 of NDPS Act was more than small quantity and less than commercial quantity. The fact that accused No.1 got injured when he hit his scooter to a road side tree is substantiated from evidence of PW6 Dr.S.Rangaswamy.