Muzaffar Khan Mujju, Adilabad. vs State Of A.P., Reptd. By P.P., ...
2022 Latest Caselaw 4070 Tel

             HON'BLE SRI JUSTICE K.SURENDER

              CRIMINAL APPEAL No.767 OF 2008
JUDGMENT:

1. The appellant is convicted for the offence under Section

20(b)(i) of NDPS Act and sentenced to undergo rigorous

imprisonment for a period of two years and also to pay fine of

Rs.1,000/-, in default, to suffer rigorous imprisonment of three

months vide judgment in N.D.S.C.No.35 of 2003 dated

20.03.2009 passed by the Special Judge under the NDPS Act-

cum-I Additional Sessions Judge, Adilabad. Aggrieved by the

same, present appeal is filed.

2. The case of the prosecution is that the appellant was found

in possession of 10 kgs ganja and apprehended while

transporting the contraband in a gunny bag on 16.04.2003. The

said ganja was seized by P.Ws.1, 3 and 5 in the present of

independent witnesses P.Ws.2 and 4.

3. The police has followed the procedure for sampling and

sent the same for FSL examination. Under Ex.P3 FSL report, the

contraband seized from the appellant was found to be ganja.

4. The evidence of P.Ws.1, 3, 4 and 5 are consistent and there

is no element of doubt regarding the seizure of 10kg i.e., MO.1

from the appellant.

5. The finding of the learned Sessions Judge need not be

interfered with in any manner as the same is reasonable and

based on evidence.

6. However, regarding sentence, the offence is of the year

2003 and the appellant was married and having three children

to look after.

7. The learned Public Prosecutor also submits that there are

no other criminal cases which were registered against this

appellant.

8. In the said facts and circumstances, the sentence of

imprisonment of two years imposed vide impugned judgment is

reduced to the period already undergone by the appellant.

9. Accordingly, the Criminal Appeal is partly allowed. As a

sequel thereto, miscellaneous applications, if any, shall stand

closed.

__________________ K.SURENDER, J Date: 04.08.2022 kvs

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.767 OF 2009

Date:04.08.2022.

kvs