(1.) The appeal is filed against the judgment of the I Additional District and Sessions Judge, East Godavary at Rajahmundry in C.C. No. 44/1992 convicting and sentencing the appellant to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000.00 and in default to suffer simple imprisonment for six months under Section 8(c) read with Section 20(1)(b) of the Narcotic Drugs and Psychotropic Substances Act. 1985.
(2.) The charge framed against the accused in that on 16-10-1992 at about 8 p.m. near the R.T.C. complex, Tuni he was found in possession of 4 1/2 kgs. of ganja without possession of any permit, licence or authority issued by competent authority and thereby committed an offence punishable under Section 8(c) read with Section 20(b)(1) of NDPS Act, 1985.
(3.) The case of the prosecution in brief is that the accused is the resident of Brahmamgarimatham, Quddapah District. On 16-10-1992, on information, P.W. 3 K. Raghavendrarao, C.I. of Excise Enforcement, Kakinada, along with two mediators, P.W. 1 Lanka Sanyasirao and Pasupuleti Musili Naidu (D.W. 2) and P.W. 5 Md. Ahmadullah, Excise, S.I. Tuni and other staff conducted patrolling of Tuni Town under the supervision of P.W. 4 N. Dasrath, Assistant Commissioner of Excise, Enforcement, Kakinada for excise offences. At about 8 p.m. the accused was found sitting covering his body with a bed sheet by the side of the public road 30 yards east to the R.T.C. Complex in-gate, which is leading to the railway station, through Ammajipeta. On seeing the Excise Officers, the accused tried to run away. On suspicion P.W. 5 got the accused open the bed sheet and searched the accused in the presence of P.W. 4 and found one big cloth bag slinging to his right shoulder. When P.W. 3 enquired the accused about the contents of the bag, he did not give proper answer. Hence P.W. 5 got the cloth bag opened and found one mica manure bag containing ganja in it. P.W. 5 got the above ganja weighed in the rice store of Samanthula; Sanyasisetti. The ganja weighed 4 1/2 kgs P.W. 5 took samples from the ganja into two sample packets each containing about 200 gms of ganja and affixed identity slips and sealed those packets with his seal. The accused gave his name and address on interrogation. He did not produce any licence or permit to possess and transport the ganja. P.W. 5 therefore, arrested the accused after informing him about the reasons for his arrest, under the cover of mediators report drafted on the spot seized the contraband P.Ws. 3 and 5 attested the mediators report P.W. 5 registered the mediators report as Crime No. 8/92-93 of Tuni Range under Section 8(c) read with Section 20(b) of the N.D.P.S. Act. A report was sent under Section 57 of the N.D.P.S. Act to the Superior Officer within 48 hours. The packets which were sealed were sent to the chemical examiner, who on analysis found the sample as ganja. After investigation the charge sheet was filed and the accused was tried.