LAWS(APH)-1990-7-3

AHMED NASIR Vs. STATE OF AP

Decided On July 12, 1990
AHMED NASIR Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This is an appeal filed by the sole accused in S C No. 66/88 on the file of the Metropolitan Sessions Judge Hyderabad, against his conviction under sec.22 of the Narcotic Drugs aad Psychotropic Substance Aet, 1985 and sentence to suffer rigorous imprisonment for ten years.

(2.) The facts of the case as deposed to by the prosecution witnesses in brief are: The appellant is a foreign national, viz Maldeevis and on 3-11-87 PW 2 (Inspector of City Crime station) having received information that a foreigner was selling Narcotic Drug (BROWN SUGAR) at Nampally Railway Station went there accompanied by other personnel. P W 2 found the appellant moving in suspicious circumstances. Therefore P W 2 arrested the appellant and brought him to the City Crime Station at 12-00 noon. When the appellant was interogated in the presence of P W 3 and another panch-witness, he confessed that he had 12 packets of Brown Sugar aad produced them. The same were seized under panchanama, Ex. P-3. Then P W 2 sent a report to the Station House Officer (Deputy Commissioner of Police Detective Department, City Crime Station) who directed P W 1 (Inspector, City Crime Station) to register the crime and hand over the file to P W 2 for further investigation. Accordingly P W 1 registered and handed over the papers to P W.2. On 16-11-87 he sent M O I the 12 packets- of brown sugar to the Court with a request to have a sample of the same analysed by the Director of Forensic Science laboratory. The Director through letter Ex. P-6 stated that the sample contains Brown Sugar. After investigation and obtaining the necessary permission for prosecution the charge sheet was filed.

(3.) Before the trial Court, PWs 1 to 3 were examined and Exs. P-1 to P-7 marked. The Court below after considering the entire material evidence on record convicted and sentenced the accused as stated.