CHANDRASHEAKAR S/O MUNIRATHANM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21/22.12.2009 passed by the Principal District and Sessions (Spl.) Judge, Ballari in Special Case No. 84/2007. By the impugned judgment and order, the appellant (hereinafter referred to as "the accused") was convicted for the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act") and sentenced to four years rigorous imprisonment and to pay a fine of Rs. 10,000/-, in default to pay fine, to undergo simple imprisonment for one year.

(2.) The case of the prosecution is that, on 05.07.2007 at about 11 :00 a.m., P.W.1-U. Sharanappa, Police Inspector, in-charge of Chittawadigi Police Station received credible information that a person was sitting near Railway Reservation Counter at Hospet holding ganja in his possession. He recorded the said information in writing and informed the same to his higher officer, namely, Deputy Superintendent of Police (P.W.7), secured the panch witnesses and along with the Police staff proceeded to Hospet Railway Station. The accused was found sitting in front of the Reservation Counter holding a plastic bag in his hands. The accused was surrounded and P.W.1 introduced himself to the accused and ascertained his name and address and introduced the members of the raiding team to him. The accused was knowing only Telugu language and the conversation was translated to him by A.S.I. Sri. V.D. Joshi. The accused was informed that he is at liberty to get himself searched by any Gazatted Officer. The accused opted for search by P.W.1. Accordingly, P.W.1 searched the plastic bag in the presence of P.W.7 and other panch witnesses. The said bag contained ganja powder. It weighed 11/2 k.g. The same was seized in the presence of panchas by drawing a panchanama as per Ex.P1.

(3.) The seized ganja and the accused were taken to the Police Station. P.W.1 filed a report before PSI-P.W.10 and produced the panchanama along with the seized ganja. P.W.10 registered a case against the accused in Crime No.17/2007 and issued FIR. The accused was arrested and his statement was recorded and was produced before the Special Court and was remanded to the judicial custody. The seized sample of ganja was sent to FSL for chemical examination and after receipt of FSL report, the charge sheet was laid against the accused alleging the commission of the offence punishable under Section 20(b)(ii) of the NDPS Act.