KUNCHALA ANKAMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The sole accused in Sessions Case No. 25 of 208 before the Special Judge for NDPS Cases-cum-Additional District and Sessions Judge, Ongole, preferred the present appeal assailing his conviction and sentence in the said Sessions case. The Appellant herein was tried for an offence punishable under Section 20(b)(ii)(B) r/w. 8(c) of Narcotic Drugs and Psychotropic Substances Act [ "NDPS Act "]. By its Judgment, dated 06.08.2009, the learned Special Judge for NDPS Cases-cum-Additional District and Sessions Judge, Ongole, found the accused guilty of the said charge and sentenced him to under rigorous imprisonment for a period of two years and also to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for a period of one month. Challenging the same, the present Criminal Appeal came to be filed under Section 374(2) of Cr.P.C.

(2.) The facts, in issue, are as under:-

(3.) To substantiate its case, the prosecution examined PW1 to PW5 and got marked Ex.P1 to Ex.P6 and got marked MO. 1 and MO.2. Out of five witnesses examined by the prosecution, PW2 did not support the prosecution and was treated hostile. After completing the prosecution evidence, the accused was examined under section 313 Cr.P.C with reference to the incriminating material appearing against him in the evidence of prosecution witnesses, to which, he denied, but did not adduce any oral or documentary evidence in support of his plea.