Pandian Another vs The State Of A.P.
2023 Latest Caselaw 1920 AP

                    HIGH COURT OF ANDHRA PRADESH

      MAIN CASE No.: Criminal Appeal No.685 of 2010

                              PROCEEDING SHEET

S.
No      DATE                         ORDER

15.   13.04.2023 Dr.VRKS, J

                        In the result, the Criminal Appeal is
                 dismissed.
                        (Vide Separate Judgment)


                                                      ____________
                                                      Dr.VRKS, J
                 KLNS
   Criminal appeal, 685 of 2010

           Two convicts filed this criminal appeal under

section 374 of code of criminal procedure, challenging the

judgement dated 29-4-2010 of the learned first additional

sessions, Judge Guntur in sessions case number 4 of

2010. By the impugned judgement they were found guilty

for the offence under section 8C read with section 20 B2C

of the narcotic drugs and psychotropic substances act,

1985. Each of them was convicted and sentenced to

undergo rigourous imprisonment for 10 years and pay a

fine of Rs.1,00,00 with a default. Sentence of simple

imprisonment for two years.



Respondent here in is the state which led the prosecution

of these appellants before the learned trial court.

The case of the prosecution is that in pursuance of the

orders of the assistant commissioner, Prohibition and

excise enforcement wing of Guntur ,officers of the

department belonging to prohibition and excise stations of

Mangalagiri and Guntur formed a team and were engaged

in patrolling duty for the purpose of prevention and detection of offences. On 9 January 2010 at about 10am

near Pedavadlapudi Cross Road on the left side of

national Highway number five and opposite to Bharat

petrol bunk they found these two accused sitting on two

bags. On seeing these officers the accused were perturbed

and tried to run away from there. On that the officers

detained them and questioned them. Both the accused

disclosed their identity and confessed that they have been

holding ganja in their bags. The officers weighed the first

bag and found 20 cages of Ganja in it. They weighed the

second bag and found 16 kgs of Ganja in it. In the

presence of panch witnesses they drew hundred grams of

Ganja from each of the bags as samples . They arrested

the accused ,seized the contraband . They sealed the

contraband and the samples and pasted identity slips on

them Over which the witnesses Signed. In evidence of all

this Punchnama was made . On coming back to excise

police station, Mangalagiri, a crime was registered as per

PR number 110/09-10 and FIR was issued and was

forwarded to the court. The accused were also forwarded

to the court.The Inspector of Mangalagiri excise station immediately made a report of all this to his official

superiors. The contraband and the samples were

produced before the court. Through court samples were

forwarded to the analyst. The analyst examined the

samples and gave a report that each of the two samples

contain Ganja. The learned court returned the contraband

for appropriate disposal of it according to law. On

completion of investigation charge, it was laid before the

court.



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