K VENKATESHAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The criminal appeal is filed against the judgment of the learned Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 258 of 1997, dated 30-6-1998.

(2.) The appellants-A1 and A2 were prosecuted for an offence punishable under S. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as Act. The appellants herein are referred to as accused for convenience sake. It is the case of the prosecution that the accused, on 24-3-1997 at about 6.45 p.m., were transporting Diazepam in a huge quantity in an Ambassador car bearing No. AAY.5907. The Inspector of Police, Ramgopalpet P.S. received information to that effect and on the basis of the said information and with the assistance of Sub-Inspector of Police and other staff, he proceeded to CTO X-Roads and intercepted the white Ambassador car bearing No. AAY.5907 at 7.15 p.m. and found that the appellants-A1 and A2 were sitting in front of the seat of the car. On interception, the Inspector of Police gave an option to the appellants whether they intend to be searched in the presence of a Gazetted Officer or the Magistrate. As there was no positive response, he secured the assistance of the Assistant Commissioner of Police and searched the car in the presence of two mediators. On such search, he found polythene covers containing Diazepam in all weighing 200 kgs. The Inspector of Police also recorded the confessional statements of the appellants separately in the presence of panch witnesses. The Diazepam was seized under a proper panchanama. Thereafter a chargesheet was laid before the Court.

(3.) The prosecution examined five witnesses and marked Exs. P1 to P5 and material objects Mos. 1 to 48. The accused neither examined any witnesses nor marked any documents on their behalf. The learned trial Court after considering the evidence on record, found that the offence has been established beyond reasonable doubt, and accordingly after following the procedure laid down under S. 235(2) of the Code of Criminal Procedure, both the accused were sentenced for rigorous imprisonment for a period of 10 years each and to pay a fine of Rs. One Lakh each, in default to suffer rigorous imprisonment for one year each. The case properties Mos. 20 to 38 were directed to be disposed of, MO. 39 shall be confiscated to the State and Mos. 1 to 19 shall be destroyed. Against the above judgment, the present appeal has been preferred by the accused.