LAWS(APH)-1999-2-58

PENTAPATI VENKATA SATYANARAYANA MURTHY Vs. STATE

Decided On February 26, 1999
PENTAPATI VENKATA SATYANARAYANA MURTHY Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of the Additional District Judge (Special Judge for the offences under Narcotic Drugs and Psychotropic Substances Act), Vizianagaram dated 6-4-1993 rendered in CC No.22 of 1992 under which the accused has been convicted for contravention of Section 8(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 punishable under Section 15 of the Act and sentenced to undergo imprisonment for 10 years and also to pay a fine of Rs. 1,00,000.00and in default of payment of fine to undergo rigorous imprisonment for two years.

(2.) The facts relevant to the appeal may be stated briefly as follows :

(3.) PWs.l, 2, 4 and 5 uniformly deposed to the above facts. According to PW3, the then Excise Inspector Vizianagaram on receiving Ex.P3 at 1.00 p.m. on 28-3-1988 along with MOs.l to 36, he registered a case in Crime No.33 of 1987-88 under Section 15 of the Act of 1985. Ex.P2 is the First Information Report. He sent MOs.19 to 36 for Chemical analysis through Judicial First Class Magistrate, Vizianagaram. Ex.P3 is the carbon copy of letter addressed to the Magistrate, Vizianagaram requesting him to send 18 samples packets to the Chemical Analyst, Visakhapatnam. The Additional Judicial First Class Magistrate, Vizianagaram directed under Ex.P4 to send the sample of the Chemical Examiner. According to the analyst, the substance in the sample packets MOs.19 to 23 contained sample pieces of poppy straw (gasagasaalu chekka) and sample packets MOs.24 to 36 contained powder parts of poppy straw. The evidence to the above effect has been given by PWs. 1, 2, 4 and 5.