BOINA CHINNAM NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused in Sessions Case No.28 of 1999 on the file of the Special Judge for Narcotic Drugs and Psychotropic Substances Act-cum-Metropolitan Sessions Judge, Vishakapatnam, aggrieved by the judgment dated 6-8-1999 of the learned Judge, had preferred the present criminal appeal.

(2.) The case of the prosecution is that on 27.4.1999 at about 9.30 P.M, PW.3, Prohibition and Excise Inspector, Paderu received telephone information from an unknown person about the transportation of Ganja at Sarsapadu village of Hukumpet Mandal. After receipt of the said information he had communicated the same to his superior officers. The next day on 28.4.1999, P.W.3 picked up mediators, proceeded to Sarsapadu village at 7.00 A.M. along with his staff and mediators. On the way, at a distance of one furlong from Sarsapadu village at 9.15 A.M., the riding party found the accused sitting on a gunny bag by the side of the accused. On seeking the riding party, the accused tried to run away, but the staff surrounded him and detained him PW.3 questioned about the contents of the said bag and the accused revealed that all the bags contain ganja and he was waiting for a van to transport them to some other place. There upon PW.3 issued Ex.P3 search notice to the accused, informed him of his right to be searched in the presence of a Gazetted Officer or a Magistrate and after receipt of search notice, the accused gave his willingness in writing to be searched by the Mandal Revenue Officer-Mandal Executive Magistrate, Hukumpet. PW.3 had taken possession of the contraband articles under cover of mediators report prepared at the scene of offence and thereafter produced the accused along with the contraband articles before PW.2, the Mandal Executive Magistrate, Hukumpet. PW.3 issued a written requisition to PW.2 conducted search of the bags with the assistance of Excise staff in the presence of the mediators and found three of the five bags contained Ganja and the remaining two bags contained Ganja seeds. PW.2 got the contraband articles weighed through Excise staff. The ganja seeds in each two bags weighed at 50 kgs. PW.3 had taken two samples of 50 gms each from each bag, packed them, sealed them and affixed identification labels and thereafter arrested the accused. The search and seizure of contraband articles and arrest of accused was made under cover of mediators report drafted at the office of Mandal Executive Magistrate, Hukumpet. After returning to the Excise station at 6.00 P.M., PW.3 registered a case against the accused in Crime No.104 of 1999 under Section 8(c) read with 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter in short referred to as the Act for the purpose of convenience). PW.3 also sent the contraband property and the accused to the Mandal Executive Magistrate and he had sent the samples to the Chemical Examiner at Vishakapatnam through Court for analysis. The report of the analyst revealed that there of the samples are ganja, which would fall under Narcotic drug and the remaining two samples are ganja seeds, which are fertile. It is also stated that this accused was also an accused in S.C.No.92 of 1992 in Crime No.5/91-92 of Prohibition and Excise Station, Paderu and he was convicted in the said case and as such he is a habitual offender under the Act.

(3.) The learned trial Judge framed a charge under Section 8(c) read with 20(b)(i) of the Act and the accused pleaded not guilty. Hence, the prosecution examined PWs.1 to 4, market Exs.P1 to P9 and M.Os. 1 to P5. The learned Judge on appreciation of the evidence available on record came to a conclusion that the guilt of the accused was proved beyond reasonable doubt and was sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for a period of six months.