J SITAMMA Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is filed against the Judgment and sentence passed in Calender Case No. 36 of 1992 on the file of Additional Sessions Judge-cum-Special Judge, Vizianagaram.

(2.) The Excise Sub-Inspector, Kothavalasa, filed a charge sheet under Section20(b)(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Crimes No. 38/91-92 against the accused.

(3.) It is alleged that the accused is a resident of Lotlapalli Village. On 22-8-1992 at about 5-00 p.m. P.Ws. 1 and 2 and other excise" staff along with village Administrative Officer of Lotlapalli Village went and searched the house of the accused in the presence of Appalanaidu, Simhachalam and others and also in the presence of accused and found two polthene bags and one tin in the front room of the house of accused. On suspicion they opened the polythene bags and tin and found Ganja in them. P.W.2 secured a balance and got weighed the Ganja. The tin contained 21/4 kgs. ganja. The first polythene bag contained 3 kgs. ganja and second polythene bag contained 2 kgs. of ganja. P.W.2 took two sample packets of ganja each weighing 25 gms. from each of the three containers. He sealed the samples and affixed identification slips. P.W.2 prepared search list under Section 103 and 165, Cr.P.C. A copy was served on the accused. P.W.2, who is the Excise Inspector, arrested the accused and seized the property under the cover of panchanama. The search party reached Kothavalasa Excise Range at about 8-00 p.m. and handed over the reports, the property and accused to P.W.3, Excise Sub-Inspector of kothavalasa. P.W.3 registered the case in Crime No. 38/91-92 under Section 20(b)(l) of Narcotic Drugs and Psychotropic Substances Act. Hence the charge sheet.