ESHWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has filed this appeal challenging the judgment of the learned Special Judge, Shimoga, (hereinafter referred to as "Special Court" for brevity) dated 23.07.2010 wherein he was convicted in Special (NDPS) Case No.8/2009 for the offence punishable under Section 8(c) read with Section 20(b)(ii)(A) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act" for brevity) and was sentenced accordingly.

(2.) The summary of the case of the prosecution is that, the accused on 23.04.2008 at about 9:00 p.m., was found possessing and selling One Kilogram of 'ganja' worth Rs. 5,000/- near private bus stand at Sagar Town, without holding any valid pass or permit to possess and sell the same and accordingly, has committed the offence under Section 8(a) of the NDPS Act.

(3.) The charge for the offence under Section 20(a) of NDPS Act was framed against the accused. Since the accused not pleaded guilty, in order to prove the alleged guilt against the accused, the prosecution examined six witnesses from PW1 to PW6 and got marked documents at Exs.P1 to P11 and Material Objects from MO1 to MO3. Neither any witness was examined nor any documents were marked as exhibits from the accused' side. After hearing both side, the learned Special Court by its impugned judgment of conviction held the accused guilty of Section 20(b)(ii)(A) of NDPS Act and sentenced him accordingly. It is against the said judgment, the accused has preferred this appeal.