THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.122 of 2009 01-12-2014 BETWEEN:
Kandikonda Jampaiah …..Appellant AND The State, rep. by Public Prosecutor, High Court of A.P., Hyderabad.
…..Respondent THIS COURT MADE THE FOLLOWING ORDER:
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.122 of 2009 JUDGMENT:
This appeal is preferred by A.1challenging the judgment of the Special Judge for trial of NDPS Cases (I Additional Sessions Judge), Warangal in S.C.No.153 of 2004 dated 23.01.2009, whereby the learned Sessions Judge found A.1 guilty of the offence under Section 8(c) r/w 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 and accordingly, convicted and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.1,00,000/-, in default to suffer imprisonment for two years. However, A.2 to A.4 were found not guilty of the offence and they were acquitted of the charge.
The case of the prosecution is that on 3.11.2003 at about 7.20 a.m. on information, P.W.4-Sub-Inspector of Police, Duggondi along with staff went to Muddunoor cross- roads and started checking the vehicles. At about 7.50 a.m., on seeing them, the driver of the jeep bearing No.AP 36T 6529 stopped the jeep, himself and three others in the jeep got down from it and started running away. The police chased them, apprehended them and found A.1 carrying a bag with him and on enquiry, they disclosed their identity and that they were carrying dry ganja. On that, P.W.4 secured the presence of P.Ws.1 and 2 as mediators and on arrival of P.W.3-Mandal Revenue Officer, he got opened the bag which contained dry ganja weighing 2 ½ kgs. After taking samples, he seized the ganja and the jeep, recorded the facts in Ex.P.11-panchanama duly attested by P.Ws.1 and 2. On the report lodged by him under Ex.P.12, P.W.5-Assistant Sub-Inspector of Police registered a case and issued F.I.R.-Ex.P.13. P.W.6-Sub-Inspector of Police, Narsampet took up further investigation, examined and recorded the statements of witnesses and after completing all the formalities and after completion of investigation, he laid the charge sheet against the accused for the alleged offence.
To substantiate its case, prosecution examined P.Ws.1 to 6 and marked Exs.P.1 to P.22 and exhibited M.O.1-jeep. On behalf of accused, no oral or documentary evidence was adduced. After evaluating the evidence brought on record, the trial Court convicted and sentenced the accused as aforementioned.
P.Ws.1 and 2, who acted as mediators to the panchanama-Ex.P.11 did not support the case of the prosecution and they were declared hostile. P.W.3-Mandal Revenue Officer deposed regarding his witnessing the search conducted by P.W.4 and his finding 2 ½ kgs. of dry ganja in the bag possessed by the appellant. The evidence of P.W.4 is that after entering the substance of information in the General Diary, he along with staff went to Muddunoor cross-road and found the appellant proceeding in jeep bearing No.AP 36T 6529 with a gunny bag and after securing the presence of P.Ws.1,2 and 3, he searched the bag and found 2 ½ kgs. of dry ganja. P.W.6 deposed regarding his conducting further investigation, recording the statements of witnesses and laying the charge sheet.
After arguing for some time, on evaluation of entire evidence and the findings of the trial Court, when this Court pointed out that there are no grounds to interfere with the impugned judgment, learned counsel for appellant confined his arguments only to the extent of quantum of sentence and prayed this Court to reduce the sentence of imprisonment in the circumstances of the case.
No grounds are made out to interfere with the impugned conviction imposed by the trial Court. Hence, the conviction imposed on the appellant-A.1 for the offence under Section 8(c) r/w 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 is hereby confirmed, but considering the facts and circumstances of the case, the sentence of imprisonment is modified to the one period already undergone by the appellant herein and the fine amount imposed by the trial Court is reduced to Rs.10,000/-. Since the appellant had already paid Rs.10,000/- towards security amount at the time granting bail by this Court, he need not pay any further amount.
Accordingly, the appeal is allowed in part.
Miscellaneous petitions, if any, filed in this appeal shall stand closed.
RAJA ELANGO,J 01.12.2014.
Tsr