BANTH DILIP Vs. P. P.

JUDGEMENT

(1.) This appeal, under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C'), is filed by the appellants/Accused Nos.1 and 2 aggrieved by the judgment, dated 26.02.2016, rendered in N.D.P.S Sessions Case No.30 of 2015 on the file of Special Sessions Judge for Trial of NDPS Cases (I-Additional Sessions Judge), Warangal, whereunder and whereby, the learned Special Sessions Judge found the appellants/Accused Nos.1 and 2 guilty of the offence punishable under Section 8 (c) read with 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short, 'NDPS Act') and accordingly, they were convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs.10,000/-each, in default to suffer simple imprisonment for a period of one month each.

(2.) Heard the learned counsel for the appellants/Accused Nos.1 and 2 and the Additional Public Prosecutor appearing for the respondent-State. Perused the record.

(3.) Learned counsel for the appellants/Accused Nos.1 and 2 would contend that no Ganja was seized from the possession of the appellants/Accused Nos.1 and 2 by the police concerned; that the prosecution failed to prove the guilt of the appellants/Accused Nos.1 and 2 beyond all reasonable doubt; that the circumstances projected by the prosecution are not helpful to prove the guilty of the appellants/Accused Nos.1 and 2; that learned Special Sessions Judge did not appreciate the whole evidence in right perspective and erroneously convicted the appellants/Accused Nos.1 and 2 for the aforesaid offence and ultimately, prayed to set aside the conviction and sentence recorded against the appellants/Accused Nos.1 and 2 for the aforesaid offence by the impugned judgment.