ANIMA PRAVA ROY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6-5-1993 in CC No.6 of 1993 on the file of the Additional District Judge-cum-Special Judge, Vizianagaram in which the appellant/A6 along with five others have been convicted for the offences under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and the appellant is sentenced to rigorous imprisonment for 10 years and to pay a fine of Rs.l lakh and in default of payment of fine to undergo rigorous imprisonment for two years. While A1 to A5 were convicted for the offence under Section 8(c) read with Section 20(b)(i) of the NDPS Act and sentenced to five years rigorous imprisonment.

(2.) The facts relating to this appeal may be stated briefly as follows :

(3.) The Assistant Excise Superintendent, Vizianagaram (PW2) received information on the intervening night of 14/ 15-1-1993 at about 4 a.m. that ganja was being transported in a car. He informed PW4, the Excise Inspector, Bobbili and both of them along with PW1 and PW3, Excise Sub-Inspectors proceeded and intercepted the car after chasing, when it did not stop even after signalling to stop, near the petrol bunk junction at Bobbili. Then, Al is said to have got down from the car and started running away and he was chased and caught. Later, the excise Sub-Inspector opened the dicky of the car and found two gunny bags. On opening the said bags, four packets of ganja in each bag were found. PW1 seized those packets, took 8 samples out of them. A2 was said to be the driver of the car and A3 was found sitting on the front seat while A4 and A3 were found sitting in the back seat of the car. MOs.9 and 10 are the said gunny bags and MOs.11 to 18 are the samples said to have been taken. PW1 prepared the occurrence report, Ex.P1 and effected the arrest of Al to A5 who also attested the said report Ex.P1.