BODABAND SUNDAR SING Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed by the State against the order of conviction recorded against the accused for the offence punishable under Section 8(c) read with Section 20(b)(i) of Narcotic Drugs and Psychotropic Substance Act, 1985, (for brevity herein after referred to as "the Act") and sentencing him to suffer rigorous imprisonment for five years,

(2.) The case of the prosecution, in brief, is that on 6-1-1995 the Excise Inspector, Vizianagaram (PW2), Excise Sub-Inspector, Gajapathinagaram (PW3) and the Excise Superintendent (PW4) were conducting route watch. When they reached RTC complex at Gajapathinagaram, the accused was coming holding a zip bag (MO3) and one card board (MO1) and upon seeing PWs 2, 3 and 4 the accusd/ appellant herein attempted to run away. PW3 and his staff surrounded the accused, held him and upon questioning by PW3 in Telugu, the accused gave reply in Hindi. Since PW2 was conversant with Hindi, he questioned the accused in Hindi and he gave his name and address. On suspicion PW3 opened MOs.1 and 3 and found MOs.2 and 4 respectively which are ganja. PW3 arrested the accused and seized MOs.1 to 4 and took samples MOs.5 and 6 from MOs.2 and 4 respectively, PW2 scribed Ex.P1 (mediators report) for the arrest of the accused and for seizure of MOs.l to 4 and for taking samples MOs.5 and 6. PW3 took the accused and MOs to the Police Station and basing on Ex.P1 the crime was registered and the property seized was sent to the analyst for his report. The report of the analyst was that MOs.5 and 6 are ganja belonging to the family of cannabinaceae.

(3.) In support of its case the prosecution examined PWs.1 to 4 and marked Exs.Pl to P4 and MOs.1 to 6. Ex.Cl was marked by the Court with consent.