BODABAND SUNDAR SINGH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed by the accused against the order of conviction recorded against the accused for the offence punishable under Section 8 read with Section 20(b) (i) of Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity hereinafter 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 06-01-1995 the Excise Inspector, Vizianagaram (P.W. 2), Excise Sub-Inspector, Gajapathinagaram (P.W. 3) and the Excise Superintendent (P.W. 4) were conducting route watch. When they reached R.T.C. Complex at Gajapathinagaram, the accused was coming holding a zip bag (M.O. 3) and one card board (M.O.I) and upon seeing P.Ws. 2,3 and 4 the accused/appellantherein attempted to run away. P.W. 3 and his staff surrounded the accused, held him and upon questioning by P.W. 3 in Telugu, the accused gave reply in Hindi. Since P.W. 2 was conversant with Hindi, he questioned the accused in Hindi and he gave his name and address. On suspicion P.W. 3 opened M.Os. 1 and 3 and found M.Os. 2 and 4 respectively which are ganja. P.W. 3 arrested the accused and seized M.Os. 1 to 4 and took samples M.Os. 5 and 6 from M.Os. 2 and 4 respectively. P.W. 2 scribed Ex.P-1 (mediators report) for the arrest of the accused and for seizure of M.Os. 1 to 4 and for taking samples M.Os. 5 and 6. P.W. 3 took the accused and M.Os. to the police station and basing on Ex.P-1 the crime was registered and the property seized was sent to the analyst for his report. The report of the analyst was that M.Os. 5 and 6 are ganja belonging to the family of cannabinaceae.

(3.) In support of its case the prosecution examined P.Ws. 1 to 4 and marked Exs.P-1 to P-4 and M.Os. 1 to 6. Ex.C-1 was marked by the Court with consent.