HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.922 OF 2007
JUDGMENT:
1. This Criminal Appeal is filed by the Appellant/Accused aggrieved by the conviction recorded by the I Additional Sessions Judge, Adilabad, in N.D.S.C.No.4 of 2005, dated 13.07.2007, convicting the accused for the offences punishable under Section 20(b)(i) of the NDPS Act, 1985 and sentence of Rigorous Imprisonment for a period of one year and a fine of Rs.1,000/-.
2. The case of the prosecution is that the appellant/accused was arrested by the Indervally Police while he was in possession of 10 Kgs. of wet ganja. The said ganja was seized from his possession while he was travelling on his vehicle which is a two wheeler. Accordingly crime was registered and accused/appellant was sent to judicial remand. After completion of investigation, police filed charge sheet for the offences punishable under Section 20(b)(i) of the NDPS Act, 1985.
3. As seen from the evidence of the witnesses, the seizure of 10 kgs, ganja was from this appellant. There is no dispute that the police has followed procedure prescribed for sampling. Accordingly, samples were sent to FSL report. The FSL found that 2 the 10 Kgs. contraband which was seized from this appellant was ganja. Though, grounds were raised that the police has not followed the procedure under Section 42 and 50 of the NDPS Act, on perusal of the evidence on record, it appears that there is no violation of the provisions under Section 42 and 50.
4. In the said circumstances, I find no illegality with the findings of the learned Sessions Judge, convicting the appellant/accused for the offence under Section 20(b)(i) of the NDPS Act, 1985. Further, the offence is of the year 2004 and nearly 18 year have elapsed since the said incident. There are no other criminal cases pending against this petitioner. In the said circumstances, the sentence of imprisonment is reduced to the period already undergone.
6. Accordingly, the Criminal Appeal is partly allowed reducing the sentence of imprisonment against the appellant/accused to the period already undergone.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 20.09.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.922 OF 2007 Dated: 20.09.2022 tk