EDALA NOOKA NAIDU Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Code of Criminal Procedure,1973 is filed by three appellants questioning the conviction and sentence in S.C.No.05 of 2010 in which they were tried by the learned I-Additional Sessions Judge, Guntur for a charge under Sec. 8(c) read with Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('for short NDPS Act,1985') and by a judgment dtd. 10/8/2010 they were found guilty. Each of them was convicted and sentenced to undergo rigorous imprisonment for ten years and also pay a fine of Rupees One Lakh with a default sentence of simple imprisonment for two years.

(2.) Respondent in this appeal is the State.

(3.) Inspector of Police and his Sub-Inspector and other staff of Excise Station, Mangalgiri having been instructed by the Commissioner of Excise were engaged in vehicle checking at Khaja Toll-gate on 19/2/2010 and at about 6-15 PM they intercepted APSRTC bus bearing registration No.AP 28Z 4604 travelling from Vijayawada to Chennai. After notifying the driver of the bus and after issuing search proceedings to the driver of the bus, they searched the bus and they also searched the luggage box of the bus and they found three polythine bags. They suspected that they contain ganja as the bags were emanating such smell. They enquired with the two bus drivers available in the bus and found that A1 to A3 with tickets for seat Nos.15, 16 and 19 obtained luggage ticket also and those three bags belong to them. The officers questioned the accused who were there in their seats in the bus. Then in the presence of both the bus drivers and these accused the officers opened the bags and found in it ganja with flowers, leaves, stems and seeds. They got the bags weighed and found that one bag weighed Kg.18.700 grams, other bag weighed Kg.29.800 grams and third bag weighed Kg.28.200 grams.