RATNALA BRUNDAVANAM Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment dated 23-11-2001 passed in S.C. No.3 of 1999 on the file of Special Judge (Under NDPS Act) cum Additional District and Sessions Judge, Srikakulam, by which the learned Special Judge convicted accused Ratnala Brundavanam for the offence under Section 20(b)(i) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.6,000/- in default to suffer rigorous imprisonment for six months.

(2.) The appellant herein is the sole accused in S.C. No.3/99. He was put on trial before the Special Judge (Under NDPS Act) cum Additional District and Sessions Judge, Srikakulam for the offence under Section 20(b)(i) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(3.) The prosecution case in brief is as follows: P.W.I K.V.N.S. Appa Rao was Sub- Divisional Prohibition and Excise Officer; P.W.2M.Subrahmanyam, P.W.3.K.Y. Prasad and P.W.4 K. Yesudasu were the Prohibition and Excise Inspectors in the year 1997. On 25-10-1997 at about 3.30 a.m, P.W.I, P.W.3 and P.W.4 along with their staff were conducting route march on the road leading from Hundi to Bhavanapadu Village. While they were at Bhavanapadu road junction, they found the appellant/accused coming on a moped in the opposite direction i.e., from Bhavanapadu. They intercepted the appellant/accused and found him carrying poleythene bag on petrol tank. They opened the poleythene bag and found one paper packet containing 800 gms of ganja leaves, flowers and buds and two poleythene covers each containing 10 litres of I.D, liquor. They also noticed two poleythene bags on the carrier of the moped, each containing two packets 15 litres of I.D. liquor each. P.W.3 collected the samples of ganja and I.D. liquor and sealed them with identity slips. He drafted an occurrence report and effected arrest of the appellant/ accused and seized ganja and I.D. liquor under the cover of Ex.P.l occurrence report. P.W.4 registered a case in P.R.No.32 of 1997-98 under, Section 20(b) of the Act and Section 8(e) read with 7(a) of A.P, Prohibition Act, 1995 and issued Ex.P.2 FIR. He sent the sample of ganja and six sample bottles of I.D. liquor to the Regional Prohibition and Excise Laboratory, Visakhapatnam. As per the analyst report the sample contains stalks and fruits with tops having characteristic odour which belongs to the family of cannabina. Ex.P.3 is the analyst report. After completing investigation, P.W.2 laid two charge-sheets. One before the JFCM in respect of illicit distilled arrack and another before the Special Judge for Trial of NDPS Act in respect of ganja. The learned Special Judge for Trial of NDPS Act took the charge- sheet on file as S.C. No.3/99. On hearing the prosecution and the accused, learned Special Judge for Trial of NDPS Act framed a charge under Section 20(B)(i) read with Section 8(c) of NDPS Act, read over and explained the same to the appellant/accused for which the appellant/accused pleaded not guilty and claimed to be tried. To bring home the guilt of the accused for the offences under Sections 20(b)(i) read with Section 8(c) of NDPS Act, The prosecution examined P.Ws.l to 4 and marked Exs.P.l to P.7 and MOs.l to 9. Neither ocular nor documentary evidence was adduced on behalf of the appellant/accused. Learned Special Judge, on appreciation of evidence brought on record, found the appellant/ accused guilty for the offence under Section 20(b)(i) read with 8(c) of NDPS Act and convicted him accordingly and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.6,000/- in default to suffer rigorous imprisonment for six months. Assailing the judgment of conviction and sentence the accused has filed this Criminal Appeal.