DHARAVATH SATHISH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Appeal No.32 of 2021 was filed by the Accused No.2 and Criminal Appeal No.76 of 2021 was filed by the Accused No.1 questioning the conviction recorded by the Special Sessions Judge for trial of cases under NDPS Act-cum-I Additional District and Sessions Judge, Khammam, dtd. 27/1/2021, in SC.NDPS no.3 of 2018, convicting and sentencing the accused Nos.1 and 2 to undergo Rigorous Imprisonment for a period of ten years each and also to pay a fine of Rs.1.00 lakh each, for the offence punishable under Sec. 8(c) r/w. Sec. 20(b) of the NDPS Act, 1985.

(2.) Since the appellants in both the appeals are challenging their conviction in SC NDPS.No.3 of 2018, both the appeals are heard together and disposed off by this common Judgment.

(3.) Briefly, the case of the prosecution is that P.W.7 along with his staff was conducting check at CRPF Camp Office at Kunavaram road, Bhadrachalam. One car bearing No.TS 29T 0556 was stopped and in the said car, the appellants were present. The car was checked and 19 plastic packets of ganja were found in the dickey. Thereafter, P.W.7 informed the Tahsildar about the vehicle being stopped and also requested to depute two witnesses, who are examined as P.Ws.2 and 3, Village Revenue Officers. 19 Ganja packets were seized along with car bearing No.TS 29T 0556 under cover of panchanama. Thereafter, the accused were arrested and remanded to judicial custody. Samples were drawn in the presence of Magistrate on 1/9/2018 and forwarded to the FSL for analysis. Ex.P6 is the order dtd. 1/9/2018 passed by the Magistrate certifying the correctness of the inventory Ex.P5 photographs, Ex.P4 samples of ganja which were taken in the presence of Magistrate. Ex.P8 is the FSL report dtd. 17/10/2019 in which samples were found to be ganja, which is narcotic drug.