VARADAPUREDDI SIMMANNA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25-8-1993 in CC No.3 of 1993 on the file of the Additional Sessions Judge-cum-Special Judge, Vizianagaram under which the appellant (A3) along with other accused (A1 and A2) have been convicted for the offence under Section 8(c) read with Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced to undergo rigorous imprisonment for a term of five years.

(2.) The facts relating to this appeal may be stated briefly as follows : On 16-11-1992 at about 8.00 p.m., PW1 V. Ramaswami, Excise-Sub-Inspector, S. Kola and PW2, M.V.S.S.N. Murthy-Excise Inspector and some others were conducting the route watch, during the course of which, they reached Matcdu tank at about 10.30 p.m. There they noticed a Maruthi Van bearing No. OIU 6362 coming from S. Kola and on suspicion they stopped the said van, PW1 went near the van and opened the door by the side of the driver (Accused No. 1, A2 and A3 were sitting by the side of the Accused No.l. He observed paper packets smelling ganja on the back seat. Then the Officers sent one of the members of the search party to S. Kola to secure mediators. He returned at 11.45 p.m. stating that none were available to come forward and act as mediators as it was night and got opened the side doors of the van and found 10 packets of ganja each weighing 8 kilo grams and 12 packets each weighing 4 kilo grams of ganja in the back seat. When the dicky of the said van was opened, they found 17 packets of ganja each weighing 8 kilo grams and samples were taken out of these packets and the accused were arrested. They prepared Special Report, Ex.P3, which was attested by PWs.1 and 2 and others. PW2 arrested Al to A3. They seized the van (MO1) and the ganja packets MOs.2 to 40 found in that van. They went to the Excise Station at S. Kota at about 1.45 a.m. on 17-11-1992. On the basis of the Special Report, Ex.P3, PW1 registered a case in Crime No.1/92-93 under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and issued FIR Ex.P4. PW l also sent the copies of Exs.P3 and P4 to his superiors. According to the analyst's report, the sample contained ganja. Thus, the case of the prosecution is that the accused were in possession of 'ganja' at the relevant time.

(3.) On behalf of the prosecution, PWs.1 and 2 have been examined, Exs.Pl to P5 and MOs. l to 79 have been marked. On behalf of the accused, DW1 has been examined as solitary defence witness.