MEGHAVATH KISHAN FAKEERYA Vs. STATE OF A P

JUDGEMENT

(1.) APPELLANT was tried as sole accused in N. D. P. S. S. C. No. 58 of 2003 on the file of the Court of the I Additional Sessions Judge, Medak at Sangareddy, for the offence punishable under Section 20 (b) of the Narcotic Drugs and psychotropic Substances Act, 1985 (for short "the Act" ). On conclusion of trial and hearing both sides, the trial Court by judgment dated 20. 11. 2006, convicted the appellant for the said offence and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-, in default, to suffer simple imprisonment for one year. Challenging the same, appellant/accused preferred this Criminal Appeal.

(2.) THE case of the prosecution, in brief, is as follows. On 01. 06. 2003, on credible information about smuggling of ganja at Venkatapur village of Kishan naik Thanda, the Inspector of Police, Narayanakhed circle (P. W. 4), along with his staff and mediators proceeded to the said Thanda and reached at about 10. 30 a. M. In the outskirts of the said Thanda, he found the appellant concealing himself under a neem tree in the agricultural land of Ramja Naik. On suspicion the police surrounded the tree and found two bags of ganja each weighing 15 kgs and one empty bag. When enquired, appellant disclosed his name and particulars. Then P. W. 4 seized the said bags under cover of panchanama. Thereafter, P. W. 4 collected sample from each bag and sealed the same and sent to the analyst for analysis. The Sub-Inspector of Police, Narayankhed registered a case in Crime no. 64 of 2003 under Section 20 (b) of the Act against the accused and investigated into. During the course of investigation, he arrested the appellant and sent him to the Court for remand. After completion of investigation, he laid charge sheet against the appellant.

(3.) IN order to substantiate its case, prosecution examined P. Ws. 1 to 4 and marked exs. P1 to P4, besides M. Os. 1 and 2. No oral and documentary evidence was adduced on behalf of the defence.