THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.140 of 2009 01-12-2014 BETWEEN:
Nootenki (Damera) Ilaiah AND …..Appellant 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.140 of 2009 JUDGMENT:
This appeal is preferred by the sole accused challenging the judgment of the Special Judge for trial of NDPS Cases (I Additional Sessions Judge), Warangal in S.C.No.200 of 2004 dated 2.02.2009, whereby the learned Sessions Judge found the accused 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 one year and to pay a fine of Rs.25,000/-, in default to suffer R.I. for six months.
The case of the prosecution is that on 25.2.2003 at about 8.00 a.m., Excise officials-P.W.3 & 4 secured the presence of P.Ws.1 and 5 and left to Veollampally village, entered into the house of the accused consisting of a room and on search, they found two gunny bags which they suspected to be containing ganja and as such they opened the bags and found one bag containing (4) kgs and the other bag containing (7) kgs. Of dry ganja. They seized the ganja and took some quantity of ganja from each bag, mixed it and took it in three brown paper covers to act as samples, pasted them with gum, affixed wax impression seal and chits containing signatures of the panchas, apprehended the accused and recorded the facts in Ex.P.3- panchanama and drew a sketch of the house. They served a copy of Ex.P.3 to the accused. P.W.2-Excise Inspector registered a case and issued Ex.P.4-C.O.R. to the concerned Magistrate on the same day. After completion of investigation and after receipt of reports, P.W.2 filed a final report before the concerned Court against the accused.
To substantiate its case, prosecution examined P.Ws.1 to 5 and marked Exs.P.1 to P.6. 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.W.1 is the Bill Collector, who acted as panch witness to Ex.P.3- panchanama. He did not support the case of the prosecution and therefore, he was declared hostile by the prosecution. P.W.2 is the investigating officer, who deposed regarding the seizure of ganja from the house of the accused, procedure of investigation and laying the charge sheet. P.W.3- Inspector, Prohibition and Excise, Enforcement, Warangal deposed regarding his raiding the house of the accused along with P.W.4 and panch witnesses-P.Ws.1 and 5 and his seizing the ganja bags from the house of accused. He also deposed regarding the preparation of panchanama- Ex.P.3 and rough sketch. P.W.4-Inspector of Prohibition and Excise, Enforcement, Warangal deposed regarding the raid conducted by himself and P.W.3 at the house of accused and their seizing the ganja bags. P.W.5- Panchayat Secretary of Vellampally village did not support the case of the prosecution and he was declared hostile.
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 accused- appellant 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 paid the said sum 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