GOPIBANDHU SAHU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal preferred by the accused challenging the judgment of the Additional District & Sessions Judge, Vizianagaram dated 22-4-1993 passed in C.C.No. 2 of 1993, on his file, convicting him for the offence under Section 8 (c) r/w. Section 20 (b) (i) of the N.D.P.S.Act (Narcotic Drugs and Psychotropic Substances Act, 1955) and sentencing him to undergo rigorous imprisonment for 3 years.

(2.) The brief facts of the prosecution case are as follows :- On the intervening night of 17/18-12-1992atabout3-30 hours, i.e., on the early hours of 18-12-1992 the accused was found in possession of a suit case and a bag containing 'Ganja' of 18 Kgs 20 grams. P.W.2 Ch. Panta Rao, Probationary S.I of Police and his staff surrounded the accused and caught hold of him and the accused was arrested and the ganja was seized.

(3.) It is mainly contended by the learned Counsel for the accused that it is the duty of the police to apprise the accused after arrest that he has got a right to be searched in the presence of a Gazetted Officer or Magistrate, and that in the present case the police did not apprise the accused of his right and as such he is entitled for acquittal. In support of his contention, he has placed reliance on the decision of this Court reported in Mohd. Yousuf vs. Stale of A.P.