ANKIREDDY RAMANA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) This is an appeal preferred by the sole accused in Special S.C. No.102 of 2000 on the file of the Special Court under Narcotic Drugs and Psychotropic Substances Act Cases-cum-I Additional Sessions Judge, Cuddapah. He was charge-sheeted for an offence punishable under Section 20(b)(l) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the Act') for allegedly carrying 'ganja'.

(2.) The case of the prosecution is briefly as follows:

(3.) On 15-11-2000 at about 4 p.m., P.W.3, the Sub-Inspector of Police, Muddanuru, along with P.W.I, the Village Administrative Officer, and P.W.2, Mandal Revenue Officer, Muddanuru and Police Constables went in a private jeep to Seltivaripalii Village Bus Stop situated on Muddanuru-Tadipatri Main Road at about 4-55 p.m. On seeing them the accused, who was sitting in a choultry with white plastic gunny bag tried to run away. P.W.3 with the help of his staff caught hold of the accused and on opening the white plastic gunny bag in the presence of P.Ws.l and 2 he found ganja plants, stems, and stalks with flowering of a weight of 2 Kgs. On interrogation the accused revealed his identity and stated that he raised four ganja plants at his chilly garden and he was taking the material of the plants for sale at Tadipatri Town and was waiting for a bus. P.W.3 arrested the accused at 5 p.m., and seized the ganja in the presence of P.Ws.l and 2 by observing necessary procedure. He collected sample from it and sent the same to the Forensic Science Laboratory, Kurnool for analysis. The analyst opined that the sample is 'ganja'. P.W.3 after completion of the investigation laid the charge-sheet.