ANANTHA SAHU Vs. STATE OF A P

JUDGEMENT

(1.) The Criminal Appeal is filed by the accused in S.C.No. 32 of 1994 on the file of the Additional Sessions Judge-cum-Special Judge, Vizianagaram who by judgment and order convicted the accused under Section 8(c) read with Section 20(b) (i) of N.D.P.S. Act of 1985 and sentenced him to suffer rigorous imprisonment for a period of five years.

(2.) The accused was charged that on 11-9-1994 at about 5.00 p.m. near the railway gate situated about two furlongs on the north west of Kothavalasa railway gate was found carrying one plastic bag containing 4 Kgs. of ganja without any licence and such possession of ganja is an offence punishable under Section 8(c) read with Section 20 (b) (i) of N.D.P.S. Act.

(3.) The case of the prosecution in brief is that on 11-9-1994 at about 5.00 p.m. while the Excise S.I., examined as P.W.2, along with the Excise Inspector examined as P.W.4, P.W.I and their staff were petrolling near Kothavalasa Railway Gate, the accused was found carrying a plastic bag. On seeing them, the accused attempted to run away. P.W.2 stopped the accused and examined the contents of the bag in the presence of P.Ws. 1,3 and 4 and found 4 Kgs. of ganja. P.W.2 arrested the accused, seized the bag M.O.I and took samples M.Os. 2 and 3 from M.O.I in the presence of P.Ws. 1,3 and 4 and drafted Ex.P-1 mediators report. Basing on Ex.P-1, P.W.2 registered a crime. P.W.2 sent the sample to the analyst, who sent a report Ex.P-4 confirming the sample as of ganja. The accused was remanded and a case was booked against him under Section 8 (c) read with Section 20(b) (i) of N.D.P.S. Act.