Mekala Venkanna, v. The State Of A.P.,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.670 of 2008 JUDGMENT:

The Criminal Appeal is preferred by the appellant/accused against the Judgment dated 14.05.2008 passed in N.D.S.C.No.1 of 2006 by the Court of the Special Judge under NDPS Act-cum-I Additional Sessions Judge, at Adilabad, whereby the learned Judge convicted the appellant/accused for the offence under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to suffer simple imprisonment for a period of three months.

The case of the prosecution is that when P.W.3, Sub Inspector of Police along with his staff were on patrolling duty, they found the accused along with a bag at RTC Bus Stand at Mancherial in suspicious circumstances. Immediately, P.W.3 searched the bag and found 20 kgs of ganja. On enquiry, the accused revealed his name and address. On request, the MRO conducted panchanama in the presence of panch witnesses. The accused admitted that he purchased 20 kgs of ganja with an intention to sell the same at Maharashtra State for higher prices. The statement of the accused was reduced into writing and ganja was seized. Sample of ganja was sent for chemical examination and after receipt of the chemical examination report that the sample contains ganja, the police filed charge sheet against the accused under Section 8(e) read with Section 20(b)(i) of the NDPS Act.

To prove the guilt of the accused, P.Ws.1 to 5 were examined and Exs.P.1 to P.3 and M.Os.1 and 2 were marked on behalf of the

prosecution. No oral or documentary evidence was adduced on behalf of the accused.

On appreciation of oral and documentary evidence, the trial Court found the appellant/accused guilty for the offence under Section 20(b)(i) of the NDPS Act and convicted and sentenced him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,000/- (Rupees one thousand only), in default, to undergo simple imprisonment for a period of three months. Aggrieved by the same, the present appeal is preferred by the appellant/accused.

Heard the learned counsel for the appellant/accused and the learned Public Prosecutor.

On perusing the Judgment of the Court below, this Court is of the view that it is evident that the accused was found in possession of 20 kgs of ganja and as such, the Court below rightly convicted and sentenced the appellant/accused as stated above. The Judgment of the Court below is in accordance with law and it does not suffer from any infirmity or perversity. This Court is not inclined to interfere with the Judgment of the Court below.

The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed. _____________________ JUSTICE RAJA ELANGO 11.08.2016 pln