GUJULA RAMU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge for the cases under Narcotic Drugs and Psychotropic Substances Act, Vijayawada in S.C.No. 13/1993 convicting the accused for the offence under section 8(c) r/w Section 18 of N.D.P.S.Act.

(2.) The facts leading to this appeal as brought out by the prosecution may be stated briefly as follows :- On 8-7-1992 at about 8-30 p.m. the Excise Patrolling party consisting of Assistant Superintendent PW-2, Circle Inspector PW-3, Sub-Inspector PW-4 and another Sub-Inspector PW-7 while on patrolling duty near Vijayawada Railway Station found the accused coming from the station side and proceeding towards 'Musafirkhana'. On suspicion, they stopped the accused and searched his belongings including the bag M.O. 2 which the accused was carrying. They recovered 200 grams of opium from his bag M.O. 2. When questioned, the accused was unable to produce any licence or permit for possession or carrying the said opium. Immediately, the recovery of opium was recorded under mediators report Ex. P-1. The F.I.R. Ex. P-2 was issued. 10 grams of the seized opium was sent for analysis to Chemical Examiner at Kakinada who sent his report under Ex. P-5 confirming that it was opium. On this material, charge sheet was laid and the accused was charged for the offence mentioned above. PWs 1 to 7 have been examined and Exs. P-1 to P-5 have been marked on behalf of the prosecution. The accused has not chosen to examine any defence on his behalf. On this material, the learned Sessions Judge held the accused guilty for the offence under Section 8(c) read with Section 18 of NDPS Act and sentenced him to undergo R.I. for 10 years and to pay a fine of Rs. 1,00,000.00 and in default to suffer S.I. for two years.

(3.) The Excise Officers PWs 2, 3, 4 and 7 who were the members of the patrolling party have been examined in support of the case of the prosecution that the incriminating material was seized from the possession of the accused which was seized under seizure panchanama Ex. P-1. PW-1 said to be one of two mediators who were said to be with the patrolling party has not supported the prosecution version and he stated that he was not present at the time of seizure and that his signature was taken at the Excise Police Station.