FAKIRAPPA ITTAPPA BELUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A. 1 and A. 2 are convicted for committing offence punishable u/s. 20 (b) (i) of the N. D. P. S. Act.

(2.) THE facts of the prosecution disclose that PW-5 along with his staff on credible information of transportation of the ganja came to the bus stand at Ramdurg at 12-2-97 at 1 p. m. A. 1 was apprehended. From his possession 1 Kg. of Ganja is seized. A. 1 informs PW-8 that he purchased ganja from a. 2 for the purpose of sale. PW-8 along with panchas and staff proceeded to the shop of a. 2. 7 Kgs. of ganja is seized from the shop. Mahazars are prepared at the spot regarding the seizure of ganja from A. 1 and A. 2 duly witnessed by the independent panchas.

(3.) THE facts stated in the charge sheet disclose that the possession of ganja by A. 1 and A. 2 are different and distinct offences with no inter se relationship to constitute same transaction. The investigation agency has imprudently filed a common final report in respect of A. 1 and A. 2 and joint trial is held in violation of provisions of Section 219, cr. P. C. It is a case where two separate charge sheets should have been filed against each of the accused. The joint trial may be bad in law but there is no material on record to show that the accused are prejudiced by such joint trial resulting in any miscarriage of justice. Therefore u/s. 465 of Cr. P. C. the error if any is merely a condonable irregularity. The trial Judge should however be more careful while framing charge to avoid an illegal joint trial.