EDIGA GANGAAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS appeal is preferred by the accused in S. C. No. 328 of 2001 on the file of the Additional Sessions Judge, Ananthapur.

(2.) THE accused were charged for the ofence under Section 22 of the Narcotic drugs and Psychotropic Substances act, 1985 (for short 'ndps Act') for allegedly possessing 25 litres of toddy in a white plastic can on 22. 8. 1998 at the TFT toddy shop belonging to A2 in Peddamanthur village. They denied the charges and claimed for trial.

(3.) THE story of the prosecution leading to the conviction of the accused is briefly as follows : the Excise Inspector, Penukonda along with his staff proceeded to Peddamanthur village on 22. 8. 1998 in a Government van, picked up panchayatdars and visited the tft Toddy shop of A2 at about 1. 40 p. m. A1 was present in the shop transacting toddy business. PW4 found M. O. I containing 25 litres of toddy. When A1 was asked, she could not produce the licence and other records. PW. 4 tested the toddy with the kit available with him and found positive for diazepam. He drew 650 ml toddy in glass bottles for the purpose of chemical analysis, sealed and labelled them and destroyed the remaining adulterated toddy and arrested A1. She stated that she was selling toddy at the instance of her husband (A2) and she was having licence. PW4 seized the empty can and bottles under the cover of panchanama covered by Ex. P2 in the presence of pws. 1 and 2. He gave one sample to A1 under acknowledgement. He brought the accused and property to the Excise and prohibition Station, Penukonda and registered the crime. He sent the toddy samples for analysis and received the report of Analyst, which shows the presence of chloral hydrate and diazepam. After completion of the investigation, the charge-sheet was laid.