BHUSHANAM GOUD Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973, is filed by the appellants/accused Nos.1 and 2 aggrieved by the judgment, dated 15.07.2010, rendered in S.C.No.12 of 2008 on the file of I Additional District and Sessions Judge, Ranga Reddy District - cum - Metropolitan Sessions Judge, Cyberabad at L.B. Nagar, Hyderabad, whereby and whereunder, the appellants/accused Nos.1 and 2 were convicted and sentenced to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.2,000/- each, in default to suffer simple imprisonment for one month for the offence punishable under Section 8 (c) read with 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act').

(2.) Heard learned counsel for the appellants/accused Nos.1 and 2 and the learned Additional Public Prosecutor representing the respondent/State and perused the record.

(3.) Learned counsel for the appellants/accused Nos.1 and 2 would contend that nothing was seized from the shop of the appellants/accused Nos.1 and 2; that the appellant/accused No.2 has licence to run toddy shop till 30.09.2007; that there are omissions and commissions in the evidence of prosecution witnesses; that PWs.1 and 2 did not support the case of the prosecution, which is fatal; that the prosecution failed to prove the guilt of the appellants/accused Nos.1 and 2 beyond all reasonable doubt and ultimately, prayed to set aside the conviction and sentence recorded against the appellants/accused Nos.1 and 2 by the trial Court.