BANTAPALLI DURGA RAO Vs. STATE OF A P

JUDGEMENT

(1.) Bantupalli Durga Rao and two others, the accused in N.D.P.S.C.No.54 of 1998 on the file of the Special Judge under N.D.P.S. Act- cum-Metropolitan Sessions Judge, Visakhapatnam, had preferred the present Criminal Appeal aggrieved by the conviction and sentence imposed on them under Section-8(c) read with Section-20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter in short referred to as 'Act' for the purpose of convenience).

(2.) The case of the prosecution is that on 26-9-1998, at about 5 a.m., the appellants- A-1 to A-3 were found sitting with gunny bags at Subbaraidupalem village during the course of the raid conducted by the Prohibition and Excise Inspector, Sub-Divisional Task Force, Narasipatnam and on suspicion, they were detained and were interrogated by the Inspector and they disclosed their identity and also confessed that the bags in their possession contained ganja and the Inspector informed them of their right to be searched before a Magistrate or a Gazetted Officer and took them to the Judicial Magistrate of First Class, Narasipatnam. The learned Magistrate got the bags opened in his presence and found dried ganja with flowering and fruits in all the bags. The bag held by A-1 found containing 5 kgs, the bag held by A-2 containing 5 kgs and the bag held by A-3 containing 7 kgs of ganja. P.W.3-the Prohibition and Excise Inspector had taken samples from all the bags, packed them, sealed them, affixed identification bales duly signed by him, the Magistrate, the mediators and the accused, and he forwarded the mediators report and contraband articles along with the accused to P.W.4-the Prohibition and Excise Inspector, Narasipatnam, to take further action. P.W.4 registered a case in Cr.No.647 to 649/1997- 98 under Section-20 (b) (i) read with Section-S(c) of the Act and thereafter forwarded the property and the accused to the Court of Judicial Magistrate of First Class, Narasimpatnam and the samples were sent to the Chemical Examiner, Visakhapatnam, and the report of the analyst showed that the samples sent were ganja belonging to the family of Cannabinaceae and after completing investigation, P.W.4 filed charge sheet as against appellants-accused.

(3.) The prosecution examined P.Ws.1 to 4 and Exs.P-1 to P-7 and M.Os.1 to 6 were marked. Ex.D-1 also was marked.