MOHD. ISHAQ ANSARI Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Cr.P.C. is directed against the impugned judgment dtd. 30/5/2011 passed by the Metropolitan Sessions Judge, Hyderabad in Sessions Case No. 563 of 2010 by which the appellants, who are accused Nos. 1 to 4, have been convicted for the offence under Sec. 8(c) read with Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') and sentenced them to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs.1,00,000.00 each, in default, to suffer simple imprisonment for a period of six months each. It is reported that during the pendency of the appeal, A.1 died and therefore, the proceedings against him stands abated.

(2.) The gist of the prosecution case leading to the conviction of the appellants-accused, in brief, is as follows:- On 8/5/2009, on receipt of credible information about transportation of ganja in a Qualis vehicle by two persons from Sangareddy to Hyderabad, P.W.1, the Inspector of Police, West Zone Task Force, after appraising the said information to the superior officer orally and after obtaining permission, secured the presence of mediators i.e., Shareef Shah & Mithun Jana, proceeded to the spot along with his team, intercepted the vehicle i.e., Tayota Qualis bearing No. AP 9AL 6323 at Galaxy Theatre at 15:00 hours, apprehended A.1 and A.2. P.W.1 searched the vehicle in the presence of a Gazetted Officer, P.W.4, served them a notice under Sec. 50 of the NDPS Act, recorded their confessioncum-seizure panchanama under Ex.P.3 and seized three bundles of ganja, weighing about 80 kgs from the vehicle at the instance of both the accused by affixing panch chits thereon, that were being transported by the accused Nos. 1 & 2 under the guise of chilli bags. A.1 disclosed his profession as gym trainer and he took the assistance of his friend, A.2, Police Constable, who gave the vehicle on hire basis and rendered service as driver for transporting the ganja with the assistance of his other friends, A.3 & A.4. P.W.1 has collected three samples weighing about 50 grams each, and had given one sample to the accused under acknowledgement. After completing the necessary formalities, P.W.1 has lodged Ex.P. 2 complaint which was registered as Crime No. 181 of 2009 and handed over the accused Nos.1 & 2 to the Sub-Inspector of Police, Golkonda Police Station, L.W.10 along with samples. The samples were sent for forensic analysis and A.1 and A.2 were remanded to judicial custody. During the course of further investigation, on 30/5/2008, at about 08:00 hours, P.W.5, investigating officer, along with his staff, apprehended A.3 & A.4, in the presence of mediators, P.Ws.2 &

(3.) , seized two cell phones from the possession of A.3 and A.4, recorded their confession-cum-seizure panchanama under Exs. P.12 & P.13, effected their arrest following due formalities and sent them to judicial remand. After receipt of forensic analysis report, Ex.P.11, in which, seized substance was found to be ganja, and after completion of investigation, P.W.5, laid the charge sheet against the accused for the offence under Sec. 8(c) read with Sec. 20(b)(ii) of the NDPS Act before the Special Court. The appellants-accused adjured the guilt and entered into defence. 3. In order to bring home the offence, the prosecution examined as many as five witnesses and exhibited 13 documents, Exs.P.1 to P.13 in support of its case apart from exhibiting M.Os.1 to 3. On behalf of the defence, none of the witnesses were examined and no documents were marked. The trial Court after analyzing the oral and documentary evidence, by the impugned judgment, convicted and sentenced all the appellants as aforementioned.