VENUGOPAL JAJ REDDY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellants are challenging the judgment and order passed by the Special Judge in Special Sessions Case No. 370 of 2001. The Special Judge by the judgment and order dated 29-1-2003 convicted the appellants for the offence punishable under section 20 (ii) (c) of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called "the n. D. P. S. Act") and sentenced them to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 50,000/- each and, in default of payment of fine, to suffer further rigorous imprisonment for a period of two years each.

(2.) Brief facts are as under :-

(3.) On the night intervening 23rd/24th July 2001 the Assistant Police inspector Uttamkumar Adhikari and his staff were on patrolling duty and they noticed two auto-rikshaws in the said area near Thane. The Police noticed that in each auto-rikshaw, there was one lady and two males and there were some bags kept in the auto-rikshaws. The Police were suspicious about the contents of the bags in the auto-rikshaws and they, therefore, searched the said bags and recovered 59 Kgs and 900 grams of Ganja from the two auto-rikshaws. On 24-7-2001, the FIR was registered at the Naupada Police Station, Thane and the accused were arrested for possession of Ganja. A report was obtained from the chemical Analyser informing the presence of Ganja in the sample which was received. A charge-sheet was filed against the appellants and the Special Judge convicted all the accused for possession of Ganja.