ILYAZ KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellants who were accused Nos.1, 2 and 3 before the learned Special Judge, Shivamogga, (hereinafter for brevity referred to as 'trial Court'), in Spl.(NDPS) Case No.13/2009, have challenged their order of conviction passed by the said Special Judge on 6.9.2010, for the offences punishable under Sections 8(c) read with Section 20 (b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter for brevity referred to as 'NDPS Act'), wherein the learned Special Judge by order dated 8.9.2010, sentenced the accused to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 20,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of six months each.

(2.) The summary of the case of the prosecution is that on 21.7.2009, at about 9.00 a.m., PW-4 then Police Sub-Inspector, received an information that few people are illegally transporting ganja in an autorickshaw near Market yard in Shikaripura. Immediately, joined by his staff, which included Assistant Sub-Inspector and few Police Constables, he went near the place as given to him in information and noticed an autorickshaw bearing registration No.KA-19- 6967. When enquired the two passengers travelling in the said autorickshaw about the contents of an airbag which they were possessing, he came to know that it was containing ganja in it. Immediately, the said PW-4 passed on the information to his superior i.e., Deputy Superintendent of Police, who at his request, came to the spot. He summoned two panchas to the place and in their presence, inspected the airbag which was in the said autorickshaw with those two passengers and noticed some quantity of ganja in it. After getting a weighing scale to the spot, they weighed it to ascertain that it did contain ganja in two plastic bags, in total weighing 5 Kg. and when weighed along with airbag, it was weighing in total 6 Kg. The said Deputy Superintendent of Police also conducted personal search of the two passengers and recovered a sum of Rs. 13,000/- and Rs. 700/- from accused Nos.1 and 2 respectively in cash. They also seized the airbag and took 100 grams of ganja from each of the plastic bag seized in the place as a sample for its chemical examination, drew a panchanama as per Ex.P-1 in the presence of panchas and brought both the accused along with driver of the autorickshaw and seized articles to the respondentpolice station and lodged a complaint as per Ex.P-2 with the respondent-police. On enquiry, he was given information by the accused that it was accused No.4 Smt.Shaniya from whom they had purchased the ganja for its sale. Accordingly, as lead by accused Nos.1 and 2, they proceeded to the house of said Smt.Shaniya (accused No.4), wherein by conducting the search of the said house, they noticed the presence of 20 grams of ganja and in the said process, in was seized under the very same panchanama at Ex.P-1 in the presence of very same panchas. Thereafter, PW-1 - the Deputy Superintendent of Police, took all the four accused along with seized goods and autorickshaw to the respondentpolice and lodged a complaint as per Ex.P-2 in the respondent-police station.

(3.) In order to prove the guilt against the accused, the prosecution examined four witnesses from PW-1 to PW-4 and got marked documents from Exs.P-1 to P-7(a) and material objects from MO-1 to MO-6. Neither any witness was examined nor the documents were marked as exhibits from the accused side.