ANIKOTTI JOSEPH BINOY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) APPELLANTS were tried as A-1 and A-2 by the learned I Additional Sessions judge, Khammam in S. C. No. 11 of 2007 for the offence punishable under Section 8 (c) read with Section 20 (b) of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short, 'ndps Act' ). Having considered the evidence of PWs. 1 to 6 and Exs. P1 to P11 and M. Os. 1 to 3, the learned Additional Sessions Judge found the appellants guilty of the said offence and accordingly convicted and sentenced them to undergo rigorous imprisonment for a period of ten years each and also to pay a fine of Rs. 1,000/- each, in default to suffer simple imprisonment for a period of six months each. Assailing the said judgment dated 31-01-2008 this appeal has been preferred.

(2.) THE substance of the charge is that on 29-03-2007 at about 11-00 A. M. at a. P. Genco check post, the appellants were found in possession of 90 Ganja packets weighing about 100 Kgs. while transporting the same by Mahendra Marshal royal DX vehicle bearing No. KL. 07 T. 6375.

(3.) IN brief, the case of the prosecution is that on 29-03-2007 during the course of check of the vehicles at A. P. Genco check post, the Sub Inspector of police, Mothugudem, who was examined as PW-6 stopped the jeep bearing No. KL. 07 t. 6375 at 8-45 A. M. At the relevant point of time, both the appellants were in the jeep and first appellant was driving the vehicle. As PW-6 and his staff found some suspicious contents concealed inside the roof of the said jeep, he detained the appellants and telephoned the Mandal Revenue Officer, Chintoor, who was examined as PW-5. PW-5 immediately came to the spot and when questioned, the appellants informed that they are from Kerala and were transporting the ganja packets from Orissa by concealing the same from the roof of the jeep. When removed, PWs. 5 and 6 found 90 Ganja packets weighing about 100 Kgs. , in three different sizes and thereupon seized the same in the presence of PWs. 1, 3 and 4 under the cover of a panchanama, which was marked as Ex. P1. As 90 Ganja packets are in three different sizes, pw-6 collected three samples from each group i. e. one sample from 2 Kgs. Ganja packets one sample from 1 Kg. Ganja packets and another sample from 1/2 Kg. Ganja packets. The detained appellants were arrested and a case in Crime No. 13 of 2007 was registered and F. I. R. was issued to all the concerned. The F. I. R. was marked as Ex. P4. The samples so collected were sent to the Chemical Examiner for examination and after receipt of the report from the Examiner, which was marked as Ex. P5, charge sheet was filed against the appellants - A-1 and A-2.