KORATALA SINGARAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal appeal is filed against SC No. 127/95 convicting the accused under Section 8(c) read with 20(b)(i) of the NDPS Act to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for a period of two months.

(2.) The case of the prosecution is that on 13-2-1992 at about 2.00 p.m. the Excise Officials visited the house of the accused located in Upparapalem of Karamchedu village and that the Excise Sub-Inspector, Enforcement served search proceedings on the accused and that the Excise Officials searched the house of the accused in the presence of two mediators and found a khaki coloured cloth bag on the northern wall of the house and that when examined the contents of the said bag, it was found to contain 42 packets of ganja weighing two grams each and the sample packet was prepared with eight of such packets and the accused was arrested and the property was seized under a Panchanama and the property seized are sent to the Chemical Analyst who opined that the sample was ganja. On the basis of the above a charge-sheet was filed after completing investigation and the accused pleaded not guilty.

(3.) The prosecution in support of its case examined PWs. 1 to 5 and marked Exs. P1 to P7 and MOs. 1 and 2. On the basis of the evidence, the learned Judge convicted the accused under Section 8(c) read with Section 20(b)(i) of the NDPS Act. Aggrieved by the same the present appeal is filed.