SIVARATRI VENKATAIAH Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment in NDPS Sessions Case No. 51-/94 (C.C.No. 1/94) convicting the appellants under Sec. 8(c) r/w Sec.20(b) (i) of the N.D.P.S. Act and sentencing them to undergo imprisonment for a period of five years each besides imposing fine of Rs.1,000/- each, in default to suffer S.I. for six months.

(2.) The prosecution laid charge against A-1 to A-3 alleging that the accused Nos. 1 to 3 on the intervening night of 5/6th August, 1993 around 2-10 hours in the general bogie of 6060 Charminar Express, found possession of Ganja without licence. While it was halting at Platform No. 1-A in Vijayawada Railway Station, A-1 was found in possession of 10 Kgs of Ganja in light blue colour century sports bag and A-2 was found in possession of 121/ 2 Kgs of Ganja in one grey coloured Alfa suit case having English letters NK and A-3 was found in possession of 71/2 kgs of Ganja in a head-load cloth packing, without having any valid licence, thereby the accused have committed an offence punishable under Section 8(c) r/w Section 20(b) (i) of the N.D.P.S. Act.

(3.) The case of the prosecution is that the accused who are appellants herein are all residents of Warangal and close associates. A-l is working as Police Constable in Chennaraopet Police Station, of Warangal District. A-2 is working as A.R. Police Constable and A-3 is their close associate. All the accused wanted to earn easy money illegally. On the intervening night of 5/6th of August, 1993 around 2-10 hours, the Inspector of Police who is examined as P.W.3, Vijayawada, noticed three accused in general bogie No. 6060 of Charminar Express at Vijayawada Railway Station moving in a suspecious circumstances and he made them to get down along with their luggage and opened their luggage in the presence of mediators P.W.1 and P.W.2 who are coffee vendors on the platform and found Ganja in paper packets. ON interrogation, it is revealed that they purchased the ganja from one Chandraiah of Narasannapeta at Rs. 150/- per kg and were proceeding to Madras to sell the same at Rs. 600/- per kg. A-l was found carrying 10 Kgs. A-2 was found carrying 121/2 kgs and A-3 was found 71/2 Kgs of Ganja. The Inspector of Railway Police seized the ganja worth Rs. 18,000/- under the cover of police proceedings and registered the same as FIR and sent the accused for remand and investigated into the case. The report of the Chemical Examiner revealed that the seized material was ganja.