Decided on March 10,2020

Kunchala Ankamma Appellant
STATE OF A.P. Respondents


- (1.)The sole accused in Sessions Case No. 25 of 208 before the Special Judge for NDPS Cases-cum-Additional District and Sessions Judge, Ongole, preferred the present appeal assailing his conviction and sentence in the said Sessions case. The Appellant herein was tried for an offence punishable under Section 20(b)(ii)(B) r/w. 8(c) of Narcotic Drugs and Psychotropic Substances Act [ "NDPS Act "]. By its Judgment, dated 06.08.2009, the learned Special Judge for NDPS Cases-cum-Additional District and Sessions Judge, Ongole, found the accused guilty of the said charge and sentenced him to under rigorous imprisonment for a period of two years and also to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for a period of one month. Challenging the same, the present Criminal Appeal came to be filed under Section 374(2) of Cr.P.C.
(2.)The facts, in issue, are as under:-
i. On 19.03.2008 at about 5.00 P.M., on the instructions of the Prohibition and Excise Commissioner, PW3 along with Prohibition and Excise Inspector, Enforcement Wing and staff were patrolling at road junction from S.Konda to Kandukur road and the other road leading to drivers colony. They found a person carrying a gunny bag. On suspicion, the said person was stopped and on enquiry, he stated that the gunny bag contains ganja. Immediately, PW3 sent one G. Ramesh, Police Constable to bring mediators. Sometime, thereafter, the said Ramesh brought PW1 and PW2 as mediators. In the presence of mediators, the said person was inquired as to whether he intends to be searched in the presence of Gazette Officer or PW3 himself, to which accused stated that there is no necessity to be searched before the Gazette Officer. Pursuant thereto, a Notice under Ex.P2 was issued to the accused. On giving reply under Ex.P3 by the accused, PW3 along with PW1 and PW2 [mediators] searched the gunny bag [MO2] and found ganja leaves, flowers and stems in the bag. They weighed the same and found it to be 6 kilograms. PW3 is said to have collected 100 grams of the sample ganja from the bag and affixed seals and paper slips and thereafter prepared a panchanama in the presence of PW1 and PW2 under Ex.P1. Thereafter, he handed over the accused, Ex.P1 and property to a Centry of P&E Station, S.Konda.

ii. Basing on the same, PW4 registered a case in P.R.No.130 of 2007-08 and issued Ex.P5-FIR. After obtaining analysis report, P&E Inspector [PW5] filed a charge-sheet and the same was taken on file as S.C. No. 25 of 2008.

iii. On appearance, copies of documents as required under Section 207 Cr.P.C., came to be furnished. Basing on the 3 material available on record, a charge, as referred to above came to be framed, read over and explained to the accused, to which, he pleaded not guilty and claimed to be tried.

(3.)To substantiate its case, the prosecution examined PW1 to PW5 and got marked Ex.P1 to Ex.P6 and got marked MO. 1 and MO.2. Out of five witnesses examined by the prosecution, PW2 did not support the prosecution and was treated hostile. After completing the prosecution evidence, the accused was examined under section 313 Cr.P.C with reference to the incriminating material appearing against him in the evidence of prosecution witnesses, to which, he denied, but did not adduce any oral or documentary evidence in support of his plea.

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