CRLA/461/2007 of Anthadapula Sampath, Vs The State of A.P., through the S.I. of Railway Police, on 31 December 2013

JUDGMENT:

1. This appeal is filed by the appellants-accused Nos.1 & 2 against the convictionand sentence imposed by the Special Judge under the NDPS Act-cum-I AdditionalSessions Judge, Adilabad, vide judgment dated 11.04.2007 in N.D.S.C.No.31 of2005.

2. The case of the prosecution is as follows:

On 24.4.2005 while the complainant-V. Kumara Swamy, RPC 589 of RPSBellampalli was on watch duty from 7 a.m., to 1 p.m., at Railway Station Bellampalli,at about 8.04 hours Ramagiri passenger train arrived on platform No.1 of BellampalliRailway Station. When he entered in a coach, he found two bags viz., one greencolour and another rose colour ladies hand bag filled with ganja. While he wasenquiring about the owners of those bags, he found two persons trying to escapefrom the said coach. He apprehended them. On enquiry, they revealed their namesand stated that they were transporting ganja from Jammikunta to Ghuggus illegally.The complainant brought the accused and the bags to the police station and handedover them and lodged a complaint, basing on which, a case was registered andinvestigated into. After completion of the investigation, charge sheet was filed.

3. The learned Special Judge framed a charge under Section 8 (c ) r/w 20(b) of theNDPS Act, against the appellants-accused, read over and explained to them, forwhich they pleaded not guilty and claimed to be tried.

4. During the course of trial, the prosecution got examined P.Ws.1 to 5 and gotExs.P1 to P7 besides M.Os.1 to 4 marked. D.Ws. 1 and 2 were examined on behalfof the accused. But no documentary evidence was adduced on their behalf.

5. On appreciation of the oral and documentary evidence, the learned Special Judgefound the appellants-accused guilty for the offence under Section 8 (c) r/w 20(b)(i) ofthe NDPS Act. Therefore, the learned Special Judge convicted and sentenced themto undergo rigorous imprisonment for a period of six months each and to pay a fineof Rs.1,000/- each in default to suffer simple imprisonment for one month each forthe said offence. Aggrieved by the same, the appellants-accused filed the presentappeal.

6. Heard and perused the material available on record.

7. On a perusal of the material and the evidence on record, it is apparent that theevidence of P.Ws.1, 3 and 5 is very consistent and corroborative in all materialparticulars and there is no reason to disbelieve their evidence. The evidence ofP.Ws.1, 3 & 5 coupled with seizure panchanama and chemical analysis reportclearly establishes that the appellants were found in illegal possession of two ganjabags. In view of the same, this Court is not inclined to interfere with the judgmentunder appeal.

8. At this stage, the learned Counsel for the appellants-accused submitted that theappellants are poor persons and their family members are depending upon themand that they were in prison for a considerable period and therefore, a lenient viewmay be taken.

9. Considering the submission made by the learned Counsel for the appellants andthe time elapsed, this Court is inclined to reduce the sentence of imprisonment.

10. In the result, the conviction recorded by the learned Special Judge under theNDPS Act-cum-I Additional Sessions Judge, Adilabad in N.D.S.C. No.31 of 2005vide judgment dated 11.4.2007 against the appellants-accused is hereby confirmed.But however, the sentence of imprisonment imposed by the learned Special Judgeis reduced to the period, which each of the appellants-accused has alreadyundergone, while maintaining the sentence of fine and the default conditionstipulated thereunder.

11. Accordingly, the Criminal Appeal is partly allowed. Consequently, themiscellaneous petitions pending, if any, stand closed.

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Justice Raja Elango

Dated: 31.12.2013

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL APPEAL NO.461 OF 2007

31.12.2013