PURUSHOTHAM DAS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Accused Nos.1 to 3 preferred Criminal Appeal No. 181 of 1994, whereas accused Nos.4 to 6 preferred Criminal Appeal No.192 of 1994 against the judgment dated 4-2-1994 in Calender Case No.32 of 1993 on the file of the Additional Sessions Judge, Vizianagaram, wherein the appellants were convicted under Section 8(c) read with Section 29(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1988 - for short 'the Act', and sentenced them to suffer rigorous imprisonment for five years.

(2.) Since both the appeals are directed against the same judgment, they are disposed of by this common judgment.

(3.) The brief facts of the prosecution case as follows : O 26-9-1993 at about 5.30 a.m., all the accused were found in front of the Casuarina tope of Lankalapalli Papanna near Champavathi River of Nathavalasa junction. The Sub-Inspector of Police, Pusapatirega Police Station found the accused in possession of one plastic bag each in which Ganja was packed with brown and English papers and kept in plastic cement bags ranging from 6 Kilograms to 8 Kilograms with each accused. The accused were in possession of Ganja without any licence. PW2 took samples and arrested the accused and seized the Ganja. PW4 registered a case basing on such report under the Act. Further investigation revealed that the samples ofGanja belonging to the family of Cannabinaceae.