ATHRAM KASHIRAM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The appellant, who is the accused in NDSC.No.4 of 2014 on the file of the Court of Special Judge for Trial of Cases under N.D.P.S.Act - cum - I Additional Sessions Judge, Adilabad, was found guilty and was convicted for the offence punishable under Sec. 20(a)(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter be referred to as "the NDPS Act" for brevity) and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay fine of Rs.1,00,000.00 and in default of payment of fine, to suffer simple imprisonment for six months. The findings given and the punishment imposed are assailed by the appellant/accused through this appeal.

(2.) Heard the submissions of the learned counsel for the appellant/accused as well as the learned Assistant Public Prosecutor, who is representing the respondent, and gave anxious consideration to their versions regarding the factual and legal aspects.

(3.) The case of the prosecution, if narrated in a narrow compass, as could be culled out through the charge sheet is that on 2/12/2013, basing on the reliable information about the cultivation of Ganja by the appellant/accused, P.Ws.3 to 5 secured P.Ws.1 and 2 as mediators and rushed to the land in Survey No.10/110/A situated at Jaithuguda of Empally Revenue Village, Narnoor Mandal, Adilabad District. As they reached, the appellant/accused was found present at the said field. On interrogation, he disclosed his identity particulars and further stated that he is the owner of the said land. The Prohibition and Excise Officials issued a search memo and on search, they found six Ganja plants. The appellant/accused failed to produce any valid permission or licence for cultivating the Ganja. On further search, the Excise Officials found approximately 54 Kgs of dry Ganja in a white bag and the same was seized in the presence of the mediators under a cover of panchanama after drawing samples as required under law. The six Ganja plants were destroyed by burning and the appellant/accused was arrested. The samples drawn were forwarded to the Chemical Examiner, Nizamabad, and on examination, it was reported as "Ganja Positive".