DURGA PRASAD JAISWAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellants herein were convicted by the learned Special Judge-cum-Additional Sessions Judge, Adilabad in N.D.S.C.No. 21 of 1996 for the offences punishable under Sections 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned Special Judge sentenced the appellants herein to undergo rigorous imprisonment for four years and to pay a fine of Rs. 1,000.00 each in default to undergo rigorous imprisonment for six months.

(2.) The appellants challenge the judgment rendered by the learned Special Judge in this criminal appeal. Briefly stated, the prosecution case : The Sub Inspector of Police, Adilabad (PW-4) while on patrolling duty, having received some credible information on 2-4-1996 about the suspicious movements of the appellants herein, rushed to the RTC Bus stand Adilabad and found both the appellants carrying two bags. PW-4 produced both the appellants, with the bags, before the Mandal Revenue Officer, Adilabad (PW-3) herein. The presence of PWs 1 and 2 (Panch witnesses) was secured. It is the case of the prosecution that both the appellants confessed before PWs 3 and 4 that they purchased Ganja at Indervelli and surrounding villages to transport the same to Nagpur in Maharashtra State. The Ganja was about ten Kgs., wrapped in four polythene bags, was seized from the first appellant and six Kgs of Ganja was seized from the second appellant in the presence of panch witnesses under panchanamas, Exs. P1 and P2, respectively. On the strength of the panchanamas, PW-4 registered a case in Cr. No. 108 of 1996 under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sent the FIRs to all concerned officers. Sample of ganja was collected at the time of Panchanama and sent to Chemical Examiner, at Nizamabad under Exs. P-5 and P-6 dated 9-4-1996. Ex. P-7 is the Chemical Examiner's Report dated 1-5-1996 certifying that the sample sent was analysed and found to be Ganja.

(3.) The prosecution examined PWs. 1 to 4, got marked Exs. P-1 to P-7 and MOs-1 to 4. However, PWs 1 and 2 turned hostile by refusing to support the case of the prosecution. The learned Special Judge upon appreciation of the evidence and the material available on record came to the conclusion that the prosecution clearly established the case against the appellants herein beyond reasonable doubt and accordingly convicted both the appellants under Section 20(b)(i) of the Act and sentenced them as indicated above. The learned Judge also came to the conclusion that the Officers have followed the mandatory procedure prescribed by the Act.