SHAIK MAHBOOB BASHA Vs. STATE OF A.P.

JUDGEMENT

(1.) This appeal is filed against the judgment in S.C No. 115/95 convicting the accused under Section 8(c) read with Section 20 (b) (i) of the N.D.P.S. Act and sentencing him to undergo rigorous imprisonment for a period of Six months and to pay a fine of Rs. 500 in default to suffer simple imprisonment for a period of one month.

(2.) THE case of the prosecution is that the Asstt. Commissioner of Excise (Enfor­cement), Nellore along with officers and staff visited the house of the accused lo­cated in Gundamkatta in 15th ward of Kandukur and found the accused person at the house and that after serving search proceedings to the accused, searched the house of the accused in the presence of mediators and during search a paper pack­et was found in the eastern side roof of the house of the accused and that on opening the packet it was found to be Ganja weighing 250 grams and the accused did not account for possession of Ganja and that 30 grams of Ganja was sent for chemical examination and the accused was arrested and the property was seized under the mediators report on 13-8-1991. The Chemical Examiner sent his report stating that it is Ganja. On the basis of the above investigation charge-sheet was filed. The accused pleaded not guilty. The prosecu­tion in support of its case examined six witnesses P. ws. 1 to 6 and marked Exs. P-1 to P-6 and M.Os, 1 and 2. On the basis of the evidence, the Sessions Judge convicted the accused under Section 8(c) read with Section 20(b)(i) of NDPS Act. Aggrieved by the same the present appeal is filed.

(3.) P .W. 2 is Prohibition and Excise inspector. He corroborates the version of P.W. 1. In the cross-examination, he says that by the time they went to the scene of offence the accused available in front of the house.