KANCHANAPALLY RAMU Vs. STATE

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 12.11.2010, rendered in S.C.No.4 of 2010 on the file of I Additional Sessions Judge, Nalgonda, whereby and whereunder, the appellants/accused Nos.1 and 2 were convicted and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- each, in default to suffer simple imprisonment for three months for the offence punishable under Section 20 (b) 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 the provisions of Sections 42 and 57 of the Act were not complied with by the prosecuting agency; that there are no independent witnesses to prove the guilt of the appellants/accused Nos.1 and 2; that the samples collected were not properly analyzed by the Forensic Science Laboratory (F.S.L.); that the F.S.L. report is fabricated and ultimately, prayed to set aside the conviction and sentence recorded against the appellants/accused Nos.1 and 2.