(1.) This criminal appeal is preferred by the appellants- accused questioning the judgment dtd. 3/4/2014 passed by the learned Special Sessions Judge for Trial of NDPS Cases (I- Additional Sessions Judge), Khammam, in S.C. No.3 of 2013.
(2.) Heard both sides and perused the material available on record.
(3.) The brief facts of the prosecution case are that on 14/5/2000, on the instructions of LW 13 C.I. of Police, PW1, along with LWs 2 to 6 who are all constables (none-examined during trial) and the CRPF party (none-examined), conducted vehicle checking duty near Pedda Vaagu Bridge. They intercepted an Innova car and a Tata Indica car coming towards Chinturu. PW1 apprehended three persons from the Indica and three persons in the Innova vehicle and enquired about the contents in the vehicle. No one replied. PW1 checked the vehicles and found that there was ganja. Immediately, he gave in writing under Sec. 50 of NDPS Act that the possession of ganja is a crime, and whether they want to be interrogated before a Gazetted Officer. PW1 sent a requisition to the Gazetted Officer/PW4 and called two mediators, PWs 3 and 6. PW 4 arrived at the spot; PW1 interrogated and apprehended A1 to A6 in the presence of PWs 3 and 6/mediators, as well as the Gazetted Officer/PW4. A1 to A6 revealed their particulars, and they confessed about the ganja business. PW1 recorded the confessional statements of A1 to A6 separately in the presence of the mediators, Gazetted Officer and seized a total of 270 Kgs of dry ganja which was packed in 9 gunny bags and also seized the Innova car bearing No.AP-36 Y-6403, and the Tata Indica car bearing No.AP-3-S/46 in which 9 bags of ganja were found. PW1 recovered an amount of Rs.2,500.00 from the possession of A1, Rs.2,000.00 each from the possession of A2 and A3, Rs.1,000.00 each from the possession of A4 and A5 and Rs.1,500.00, from the possession of A6. Ganja was weighed and the panchanama was drafted. Samples were drawn from each packet for chemical analysis before the mediators and FRO, Lakkavaram. Later PW1, forwarded the accused, panchanama, and seized property to PW5/ASI, P.S. Mothugudem, and PW1 also lodged a complaint. Basing on which a case in Cr.No.11 of 2010 was registered under Sec. 8(C) read with Sec. 20 (ii) (b) of NDPS Act and issued FIR. During the course of the investigation, inspector LW13 (not examined) recorded statements of LWs 2 to 6 and PW2. LW13 visited the scene of offence and also effected the arrest of A1 to A6 and sent the samples to the Regional Prohibition and Excise Laboratory, Warangal, through ASP Bhadrachalam for chemical examination and report. FSL opined that the samples were "Ganja Positive".