MOHD YOUSUF Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is directed against the Judgment of the I Additional Metropolitan Sessions Judge, Hyderabad, dated 30th August, 1990 in S.C. No.173 of 1989, on his file, convicting the sole accused for the offence under Section 8(1) read with Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985, hereinafter referred to as the "Act", and sentencing him to suffer rigorous imprisonment for a period of twenty years and also to pay a fine of Rs. 2,00,000/- in default to suffer R.I for a further period of five years.

(2.) The Material facts of the case, as emerging from the charge sheet as well as from the evidence of the prosecution witnesses, are as follows:- On 12-7-1988 at about 15-05 hours, on receipt of credible information, P.W.2 the Inspector of Police, Reinbazar P.S. proceeded to Chune-ki-Bhatti and found the accused selling Heroin, popularly known as "brown sugar" to his customers. When the accused was questioned in the presence of mediators, he confessed about the offence and from his possession 7 heroin packets, approximately weighing 44 grams and one polythene packet containing opium and 32 small packets of brown sugar kept in a small polythene bag and two yellow colour metal rods kept in a pink colour paper and also a cash of Rs. 1377/- the sale proceeds, were seized in the presence of two mediators, of whom P.W.I is one, under cover of a seizure report, which were sent to the Director of Forensic Science Laboratory for analysis. The Analyst, after thorough chemical examination, opined that seven packets of brown sugar and one big packet containing 32 small packets of brown sugar are Heroin, popularly known as "brown sugar" and item No.2 is opium.

(3.) A charge under Section 22 of the NDPS Act was framed against the accused and he pleaded not guilty. The prosecution examined two witnesses and got Exs.P.l to P.3 and M.Os.l to 11 marked in support of its case. The court below, after considering the entire material on record, convicted and sentenced the accused as stated above.