GUTTE TANAJI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed by the appellants A1, A3 to A6 aggrieved by the judgment dtd. 7/1/2013 in NDPS SC.No.11 of 2011 passed by the Special Judge for Trial of Cases under NDPS Act cum I Additional Sessions Judge, Adilabad District in convicting them for the offence under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act (for short "NDPS" Act), 1985 and sentencing them to rigorous imprisonment for a period of ten (10) years each and to pay a fine of Rs.1,00,000.00 each, in default of payment of fine to suffer simple imprisonment for a period of six (06) months each.

(2.) The case of the prosecution in brief was that, A1 was a resident of Vanjariguda Village of Sirpur(U) Mandal. He used to collect ganja from the villagers of surrounding villages and with the support of A2 to A6, was transporting ganja from Vanjariguda to Parbhani of Maharashtra State with the help of A2 who was acquainted with smugglers there in Parbhani and had command over that area. A1 purchased ganja from A4 by name Babu, and A6 by name Mohan, of the same village and also from surrounding villages and stored the same in his house at Vanjariguda. On 27/1/2011, in the early hours, A1 gathered A2 to A6 at his house and planned to transport ganja from Vanjariguda to Gudihathnur and at about 6:00 AM along with ganja stock of 48kgs packed in seven (07) plastic bags, kept it in a Maxi Jeep bearing No. MH26-S-238 driven by A3 and asked A4 to A6 to travel in the said jeep and along with A2 proceeded on a motor cycle without registration number in advance as a pilot. It was planned that, if anything goes wrong and if any police checking was noticed on the road, the pillion rider of the motor cycle would inform the same to the jeep driver and he along with the other accused would hide the jeep in some place till further message was received from A1 and A2.

(3.) The SI of Police, Indervelli received credible information at about 12:45 PM about the illicit transport of ganja from Utnoor side to Adilabad side in between 1:00 PM to 2:00 PM. Immediately, he made entry of information in the general diary and informed the same to Sub-Divisional Police Officer (for short "SDPO"), Utnoor and deputed the ASI 225, PCs 1294 and 1956, near Church Hospital on the BT Road leading from Utnoor to Adilabad briefing them about the information and instructed them to start checking the vehicles. The SI sent a letter to the Tahsildar, Indervelli mentioning the details of information and requested him to visit the place of checking at Church Hospital, Indervelli. The SI secured the panch witnesses and briefed them about the information and requested them to act as panchas and proceeded to the place of checking along with the Tahsildar at 1:30 PM. At about 1:45 PM, they stopped the motor cycle without registration number on which A1 and A2 were travelling and enquired about the vehicle documents. While the enquiry was going on, meanwhile, the Maxi Jeep bearing No.MH26-S-238 also came to the said place. They stopped the vehicle and on checking, found four (04) persons including the driver and seven (07) plastic bags in the jeep. They got opened the bags and on checking, found them filled with dry ganja. The Tahsildar, Indervelli interrogated A1 to A6 individually one after the other, recorded their confession statements and seized the jeep, motor cycle and the ganja. The SI got photographed and videographed the entire process of checking and recording the confession cum seizure panchanama. The Tahsildar got weighed the ganja, found them to be of 48 kgs and collected three (03) samples of 100 grams each from each bag. The SI lodged a report and sent the confession cum seizure panchanama of all the accused along with them and the seized ganja, Maxi Jeep and motor cycle to SHO, Indervelli PS to register a case. Basing on the contents of the report and the confession cum seizure panchanama of all the accused, the ASI 1600, the SHO of PS Indervelli registered a case in Crime No.7 of 2011 under Sec. 8(c) read with 20(b)(i) of the NDPS Act and handed over the further investigation to the CI of Police, Utnoor. The CI of Police, Utnoor recorded the statements of SI, ASI, Police Constables and of the photo and videographer, affected the arrest of A1 to A6 and produced them before the court for their remand. He sent the samples to the Government Chemical Examiner for analysis and report. The Government Chemical Examiner of Regional Prohibition and Excise Laboratory, Nizamabad, analyzed and issued report that the samples were of ganja. After receiving the report, charge sheet was filed by the CI of Police, in-charge of Utnoor PS.