ANNAPUREDDI SAMBAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The appellants, who are A-1 and A-2 in S.C. No.32 of 2001 on the file of the learned I Additional Sessions Judge, Guntur, were convicted and sentenced to suffer rigorous imprisonment for a period of six months each and to pay a fine of Rs.5,000/- each and in default of payment of fine to suffer simple imprisonment for six months each for the offence under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") by the said Court by its judgment dated 11-05-2004 and assailing the said judgment and conviction and sentence, they preferred this appeal, inter alia, on the following grounds:

(2.) The facts of the case, in brief, are that the appellants are residents of Ramireddithota of Guntur. On 06-05-2001 at about 9-00 pm, on information, PW.2 - the Inspector of Police along with his staff conducted a surprise check at Ramireddithota and on seeing the police party, appellants tried to sulk away from there, however they were caught, their identity was ascertained and on interrogation they confessed to the crime. Two packets, each weighing 50 grams, was seized from each of appellants under Ex.P-1, they were arrested and sent for remand on the following day and the sample raised from the contraband was sent to Regional Prohibition and Excise Laboratory, Guntur for analysis and report. LW.3 - Y.T. Naidu, Sub Inspector of Police, Kothapet Law & Order Police Station, as per the instructions of PW.2 - Inspector of Police had registered a case in Crime No.106 of 2001 under Section 8(c) read with 20(b)(i) of the NDPS Act. Ex.P-5 analysis report was to the effect that the sample was ganja. Thereupon, charge sheet was laid in to the Court against the appellants for the offence under Section 8(c) read with 20(b)(i) of the NDPS Act and on their not pleading guilty to the charges, they were put on trial for the same.

(3.) In support of its case, the prosecution has got examined PWs.1 and 2 and got marked Exs.P-1 to P-5 apart from MOs.1 and 2 on its behalf. Whereas, no witnesses were examined and no documents were marked on behalf of the appellants.