POTHIREDDI SIVAPRASADA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the Judgment of the Special Judge to try the cases under the Narcotic Drugs and Psychotropic Substances Act-cum-Additional District and Sessions Judge at Srikakulam dated 26-6-2000 rendered in S.C.No. 1 of 1998, under which the appellant-accused has been convicted for an offence under Section 20(b)(i) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'the Act') and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000.00 and in default to under go rigorous imprisonment for four months.

(2.) The case of the prosecution may be stated, briefly, as follows : On 3-9-1995 at about 5.00 a.m., PW-4, Ch. Jaganmohan the then Prohibition and Excise Inspector of Pathapatnam, in charge of Vasundhara check-post along with his staff, stopped the Orissa State Transport Corporation bus bearing registration No. OR.05/4046 plying from Malkanagiri to Berhampuram and checked it at the check-post in the presence of mediators. PWs. 1 and 2, who were the driver and conductor of the bus respectively and PW-3. G. Krishna Rao, Deputy Tahsildar and another. According to PW-4, he informed the driver and conductor of the bus that he would check the bus in question. Then he checked the bus in the presence of the above mediators. During that check, they checked the luggage of the passengers one after another and went to seat No. 16, on which the accused was sitting. He was asked tAIR 1999 SC 2378o show his luggage. Initially, he kept quiet. When persisted, he brought down the suit case, which was kept on the luggage carrier above his seat. When the suit case was opened, they found 10 kgs., of Ganja packed in polythene cover. In that suit case there was a blue zip bag also. The zip bag (MO-4), which was found by the side of the Polythene bag (MO-2) containing ganja, had three demand drafts totalling for a sum of Rs. 72,376.00 and cash of Rs. 18,470.00. On questioning, the accused revealed his identity. He also stated that he went to retail medical shops for collecting the dues on behalf of Padma Pharmaceutical Agencies, Berahampur and he was proceeding to Berhampur after collecting the money. The accused has also stated that he took the demand drafts from State Bank of India, Jeypore and another demand draft was given to him by Kalyani Medical Stores, Malakanagiri to hand over it to Meenakshi Medical Agencies, Berahampur. The accused is stated to have admitted that he purchased Ganja for Rs. 2,000.00 at Malkanagiri and was taking it to Berahampur. The bus ticket of the accused was also seized. AIR 1999 SC 23784.

(3.) PW-4, the Prohibition and Excise Inspector, then took three samples from the ganja found in the polythene bag. He sealed both the ganja samples and the ganja packet and affixed the slips of identification on those objects and also on the zip bag and the suit case. Thus, he seized the suit case, MO-1; polythene bag containing ganja, MO-2, blue zip bag, MO-4, the currency notes, MO-5, and the demand drafts and also the ganja from which samples were taken. He arrested the accused. The above property was seized and the arrest of the accused was shown in the Mediators report, Ex. P-5, drafted by him. Himself and the mediators signed Ex. P-5. The accused has also signed on Ex. P-5. Thereafter, P.W. 5 handed over the accused and the property seized by him, along with the mediators report, the demand drafts, the currency notes and the bus ticket to the Prohibition and Excise Inspector, Pathapatnam, PW-5, who on return to the station registered a case in P.R.No. 290/94-95 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, on the basis of Ex. P-5 and original FIR is Ex. P-6. He forwarded the accused along with the remand report to the Judicial Magistrate of First Class, Pathapatnam. He also sent the sample packets to the Chemical Examiner of Excise, Visakhapatnam along with a letter of advice, carbon copy of which is Ex P-7. The report of the analyst in respect of the samples, Ex. P-8, was received by him. Subsequently PW-6, who succeeded PW-5 filed the charge sheet in the case after completion of the investigation.