MEKALWAD PARAMESHWAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellant/accused aggrieved by the Judgment, dated 12.02.2019, rendered in N.D.S.C.No.8 of 2016 on the file of Special Judge for Trial of Cases under NDPS Act-cum-I Additional Sessions Judge, Adilabad, whereby and whereunder, the learned Special Sessions Judge found the appellant/accused guilty of the offence punishable under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act'), and accordingly, he was convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.5,000/-, in default to suffer simple imprisonment for a period of six months for the said offence.

(2.) Heard the learned counsel for the appellant/accused and the learned Additional Public Prosecutor appearing for the respondent-State. Perused the record.

(3.) Learned counsel for the appellant/accused would submit that the appellant/accused is an innocent person and no Ganja was seized from his possession; that for statistical purpose, this case is foisted against the appellant/accused; that the Court below ought to have disbelieved the alleged seizure of Ganja from the possession of the appellant/accused and ultimately, prayed to allow the appeal by setting aside the conviction and sentence recorded against the appellant/accused.