TADIGIRI RAMBABU Vs. STATE OF A P

JUDGEMENT

(1.) This appeal is directed against the judgment, dated 19.03.2004 passed by the I Additional Sessions Judge, Guntur in S.C. No. 15 of 2001 whereby and whereunder the appellants were convicted for the offence under Section 8(c) r/w 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for a period of six months each and also to pay a fine of Rs.5,000/- each and A-1 was further convicted for the offence under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for a period of three years and also to pay a fine of Rs.1,000/-.

(2.) It was the case of the prosecution that on 25.12.2000 at about 7.00 p.m. while PW-2, the Inspector of Police, Sathenapally, PW-3, the Sub-Inspector of Police, Sathenapally Town Police Station, PW-1, a police constable, Sathenapally Town Police Station and some other police personnel were proceeding in a police jeep towards Medikonduru, they noticed the appellants near the agricultural market yard, Sattenapally. The appellants on seeing the police party tried to escape, but some members of the police party chased and caught hold of the appellants and they were produced before the Inspector of Police and on their search, two packets of ganja, 25 grams each was found in possession of the appellants. The Inspector of Police got drafted the police proceedings after explaining the reasons for their arrest and instructed the Sub-Inspector of Police to register a case and investigate into the matter. On his instructions and basing on the police proceedings, PW-3, the S.I. of Police registered a case in Crime No.254 of 2000 for the offence under Section 8(c) r/w 20(b) of NDPS Act and Section 27 of the Arms Act on the ground that the appellants were in possession of two packets of ganja each containing 250 grams and also that the first appellant was in possession of a knife. PW-3 drew samples from ganja packets, forwarded them to Chemical Examiner, Regional Prohibition and Excise Laboratory, Guntur. The report received from the chemical examiner revealed that the samples are ganja. On completing investigation, PW-3 filed the charge sheet against the appellants.

(3.) In the course of the trial before the learned I Additional Sessions Judge, Guntur, the prosecution in order to prove the guilt of the accused examined Pws.1 to 3, marked Exs.P-1 to P-5 and M.Os.1 to 5. The entire case of the prosecution rested on the evidence of police witnesses and the case was registered basing on the police proceedings got prepared by PW-2, the Inspector of Police, after the alleged apprehension of the appellants while they were said to be in possession of ganja. All the three witnesses of course have spoken to the fact of arresting appellants and seizing ganja weighing about 250 grams from each of them.