POLAMARASETTI NAGA SREENIVASARAO Vs. STATE OF A P

JUDGEMENT

(1.) The appellant/accused No. 3 preferred this Criminal Appeal questioning the judgment passed by the Special Judge to try the offences under N.D.P.S Act cum Metropolitan Sessions Judge, Visakhapatnam, in S.C.No.39 of 2001, dated 12/11/2001, whereby he was convicted for the offence punishable under Section 8 (c) read with Section 20 (b)(i) of the N.D.P.S. Act (for short 'the Act') and sentenced to undergo rigorous imprisonmentforthree months apart from fine of Rs. 1000.00 in default to undergo simple imprisonment for a period of one month.

(2.) The accusation, which led to the conviction of A-3 is that on 28-7-2001 at about 18.30 hours at Vinayaka Swamy Temple near Krishnanagar, Pendurrthi, he along with A-1 and A-2 were found in possession of ganja weighing about 50 kgs. in two suit cases and two bags with flowers, stems and fruits while transporting in contravention of Section 8 (c) and there by committed an offence punishable under Section 20 (b) (i) of the Act. The accused denied the charge and claimed to be tried.

(3.) In orderto prove its case, the prosecution examined P. Ws. 1 to 3 and got marked Exs. P. 1 to P. 6 apart from Mos. 1 to 13. Neither oral nor documentary evidence was adduced on behalf of the defence.