K KASAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal filed by the two accused in C.C. No.19 of 1992 against the judgment passed on 27-11-1992 by the I Additional Sessions Judge, Chittoor, convicting and sentencing each of them to undergo one year rigorous imprisonment and to pay a fine of Rs.500/- for the offence punishable under Section 8(c) read with Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) The prosecution story in brief is that on 29-5-1987 at 6 p.m. excise raids were conducted by P.W.3, P.W.2 and others, and during the raids, they found the above two accused in a hut. A-1 was holding weighing balance and A-2 was putting the ganja in the scale from a basket. They made search under Ex.P-1 proceedings in the presence of P.W.I and other mediators and obtained Ex.P-2 and Ex.P-4 acknowledgments on Ex.P-1 by the accused. They seized about four kilos of ganja from the scale and the basket besides other articles under Ex.P-3 panchanama. A case in Crime No.136 of 1986-87 was registered at Tirupathi Police Station and Ex.P-6 First Information Report was issued. After receipt of Ex.P-7 analysis report, both accused were prosecuted.

(3.) Both accused were tried for a charge of committing an offence punishable under Section 8(c) read with Section 20(b)(i) of the Act The plea of accused was one of denial and their defence was that they were falsely implicated by the police for the purpose of statistics. The trial Court, after considering the evidence on record convicted and sentenced both of them as detailed above.