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IN THE COURT OF THE ADDITIONAL JUNIOR CIVIL JUDGE-CUM-
JUDICIAL MAGISTRATE OF FIRST CLASS :: AT :: ASIFABAD.
PRESENT : Smt. J.Anantha Laxmi
Principal Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad. FAC:Principal Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad.
Friday, this the 23rd day of June , 2025
CC.No. 26 of 2022
Between:-
The State of Telangana rep. by Station House Officer, Tiryani Police Station ( Cr. No.39/2021) … Complainant.
//AND//
Kumram. Thanu Bhai, W/o.Late Yesu, Age: 44 years, Occ: Coolie, R/o. Koya Thalandi village of Tiryani Mandal.
… Accused
This case is coming on before me on 06.06.2025 for final hearing in the presence of learned in-charge Asst. Public Prosecutor for the State and of Sri. Srinivas Rao, Counsel for Accused upon hearing both sides and the matter having stood over for consideration, till this day, the Court delivered the following:-
J U D G M E N T
1.This is case of “Contravention of Narcotic Drugs and
Psychotropic Substance Act by selling and possessing contraband ganja” arising out of the charge sheet against accused and filed by the
Sub Inspector of Police, Tiryani in Cr.No.39/2021 of the offences punishable U/Sec. 20(b)(ii)(A) of Narcotics Drugs and Psychotropic
Substances Rules Act - 1985 (herein after referred as NDPS Act – 1985).
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2.The case of the prosecution are that:-
On 01.11.2021 at 14.15 hours the complainant/LW1/Sri P. Rama
Rao, SIP Tiryani lodged a written report at P.S Tiryani stating that, on 01.11.2021 at 12:00 hours when attending routine work at Police
Station, a credible information about possessing and selling of ganja by accused/one Kumram. Thanu Bhai at her house at Thalandi village, he sent a requisition to Tahsildar, Tiryani with a request to visit the scene of crime to conduct search and seizure and also requested to depute two revenue officials to act as mediators, he made entry in General
Diary as there is no sufficient time to obtain search warrant, then he and Sri Md. Maskoor Ali, Dy. Tahsildar, Tiryani along with his staff and two revenue officials visited to the house of accused found her available at her house, she disclosed her name as accused/Kumram. Thanu bhai, informed her about the credible information received by him and served notice U/Sec.50 NDPS Act obtained her written consent to conduct search, meantime she confessed the commission of offence that she is in possession of dry Ganja, her confessional statement was recorded before the Tahsildar and in the presence of mediators and in pursuance to her confession conducted search and the accused brought and produced two polythene covers. One polythene cover contained (30) small polythene packets and another polythene cover contains
Ganja, the same is got weight through Athram Ramu and it was 150 grams( each packet contain 5 grms ganja) and the ganja in a separate
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cover is 50 grams, total 200 grams. The same was seized under a cover of separate seizure panchanama, stick the signed chits and sealed in the presence of Dy. Tahsildar & the mediators and took photographs.
On conclusion of panchanama brought the accused person to PS along with seized ganja at 14.15 hours and produced along with original panchanama for registering a case U/Sec. 20 (b), (c) r/w 20 (a) (i), (ii), (A) of NDPS Act 1985 for further investigation.
3.As per the contents of the above, the LW12/Sub Inspector of
Police, Tiryani registered a case in Cr.No.39/2021 of the offence punishable U/Secs.8(b)(c) r/w. 20(a) (i) (ii) (A) of NDPS Act-1985 issued
FIR to all the concerned officers and took up investigation in to this case.
3.1.Since it is a case of special grave in nature, on receipt of information, the LW13/Circle Inspector of Police, Rebbena took up investigation into this case.
3.2.During the course of investigation, the LW13 examined and recorded the statements of the complainant/LW1 and his staff and others LWs-2 to 7 U/Sec. 161 Cr.P.C. Interrogated the accused, on interrogation, she voluntarily confessed the commission of offence, the
LW13 perused the panchanamas conducted by LW1 before the mediators LWs8 and 9 in the presence of Tahsildar/LW10. Later at 18.30 hours affected the arrest of the accused by issuing arrest memo,
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while complying the procedure of arrest, served notice U/Sec.50, 50-A
Cr.P.C.
3.4.The LW13 visited the crime scene situated at Naikapuguda village of Tiryani Mandal, observed the scene minutely in the presence of mediators LWs-8 and 9 and incorporated the scene in Crime Detail
Form and drafted rough sketch of crime scene. As per the guidelines of
Hon'ble Supreme Court on executing undertaking by the accused under
the provision of Criminal Procedure Code was let off.
3.5.During further course of investigation the LW13 deposited the case property i.e., seized contraband along with Inventory of contraband on 05.11.2021 at Hon'ble Addl JFCM Court, Asifabad
U/Sec. 52-A (2)(A)(C) of NDPS Act along with letter of advice with a request to issue correctness certificate of contraband and draw samples and forward the same to TSFSL, Hyderabad for analysis and report. Accordingly the Hon'ble Magistrate after physical observation drew sample and issued correctness certificate. The sample drawn sent to TSFSL Hyderabad for examination and report. The remaining contraband/ganja handed over to SI of Police Tiryani for safe custody.
The LW11, who analyzed the contraband, furnished a report opining that, "the contrabands are found to be "Ganja" a Narcotic Drug. A requisition for confiscation of remaining contraband/Ganja submitted to the Drug Disposal Committee i.e., Chair person/Superintendent of
Police, Kumrambheem-ASF under acknowledgment. After completion of
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investigation the charge sheet is filed against the accused.
4.On the strength of the contents of the charge sheet, this Court has taken cognizance for the offence punishable U/Sec.20(b)(ii)(A) of NDPS
Act-1985 against the Accused and issued summons to her. On appearance of accused copies of documents was furnished to her as contemplated U/Sec. 207 Cr.P.C.
5.The accused examined U/Sec. 251 Cr.P.C for the offence punishable U/Sec.20(b)(ii)(A) of NDPS Act-1985 against the Accused.
Substance of accusation read over and explained to her in her vernacular language for which he pleaded not guilty and claimed to be tried.
6.To bring home the guilt of the Accused person the prosecution examined the witnesses PWs1 to 5 and Exhibits are marked as a Ex.P1 to P14. The Learned APP has given up the evidence of LW3 to LW7,
LW9, LW11 and LW12. The prosecution side evidence is closed.
7.After closure of the prosecution evidence, the Accused was examined under Section. 313 Cr.P.C explaining the incriminating material appearing against her in the evidence of the prosecution witnesses she denied the same and reported no defence evidence.
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8.The Learned APP and Learned counsel for accused submitted written arguments. Learned counsel relied on (i)State of Karnataka Vs
Dondusa Namasa Baddi. (ii)Narcotic Control Bureau Vs Rafiqu
Ahmed Sk on 3 May, 2017. (iii)Chanam Ranjit Meitei Vs Unior of
India. (iv) State of Panjab Vs Balbir Singh and ORS Etc.
9.Heard the arguments.
10.Perused the material available on record.
11.Now the point for determination:-
1.“Whether the prosecution could bring home the guilt of
accused persons for the offence punishable U/Sec.20(b)(ii)
(A) of NDPS Act-1985 against accused beyond all
reasonable doubts.?”
2. To what relief.?
Point:-
12.The prosecution to support and substantiate its case has examined PW1 to PW5. PW1 is Defacto-Complainant, PW2 is Eye witnesse, PW3 is the panch witness for confession of accused, search, seizure, crime detail form, PW4 is Dy. Thasildar, PW5 is the
Investigating Officer.
13.PW1/P. Rama Rao (Sub-Inspector of Police, Thiryani) who is the
Police personnel deposed in chief examination is that, on 01.11.2021 at
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12.00 hours, he had received a credible information about possessing and selling of Ganja by accused/Kumuram Thanu bai at her house at
Thalandi village. He had sent a requisition to Tahsildar with a request to visit the scene of crime to conduct search and seizure and also requested to depute to revenue officials to act as mediators. He made entry in general dairy as there was no sufficient time to obtain search warrant, then he along with Deputy Tasildar and their staff PC-3255,
WPC-1817, TSSTC-1888 and two Revenue officials visited to the house of Kumuram Tanubai found her available at her house she disclosed her name as Kumuram Tanubai, informed her about the credible information received by him and served notice U/Sec. 50 of NDPS Act obtained her consent meantime she confessed the commission of offence before the presence of mediators and Tasildar recorded her confessional statement and in pursuance to her confession she laid her into her old house and produced two polythene covers from the attic one contained 30 small polythene packets and another polythene cover contains ganja securing the presence of Athram Ramu weighed the (30) small packets containing ganja it was (150 gms), each packet was weighing (05) gms and the Ganja in a separate cover was (50) grams.
Total 200 gms dry ganja the same was seized under a cover of separate seizure panchanama packed in polythene covers and sticked the signed chits and sealed in the presence of Deputy Tasildar and the mediators and two photographs. The accused brought to the PS along with seized
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ganja and produced along with original panchanama for instance of the case.
14.PW1 in his cross examination he deposed that, he had entered in general dairy with credible information. The GD number was not mentioned in Ex.P1. He had not filed notice U/Sec.50 of NDPS Act
before this Court. He had not mentioned the particulars of tasildar in
Ex.P4. He had not mentioned the house numbers in Ex.P1. He had not collected any documents regarding the land i.e., Survey number and extent belonging to accused. He had not collected ownership certificate of the accused. Kumuram Krishna/LW6 had appointed as a Translater as the accused did not know the Telugu language. The duplicate panchanama copy of Ex.P2 not produced before the Police station where it was originally prepared at the scene of offence. Ex.P2 was prepared in Telugu. LW6 signature was not included in Ex.P2. He had not described the houses i.e., old one and new one in detail. He recorded a confession panchanama at the new house and obtained thumb impression of the accused, the panchas and the Deputy Tasildar.
A separate seizure recovery panchanama was conducted at the accused's old house and the same persons signatures were obtained on the seizure recovery panchanama. He did not know who sealed the seized property. The seized property was in dust form. He had not
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mentioned in Ex.P1 and U/Sec.161 Cr.P.C statement that the seized property contains flowering tops, fruiting tops and green Coloured dried leaves etc,. The distance between scene of offence and Police
Station is 5 kms. The surroundings of the accused house had some houses. He did not examine any neighbors of the accused. He went to scene of offence at 12.00 pm and the proceedings were concluded at 12.15 pm. He had not mentioned about the weighing machine in Ex.P1 whether it is electronic or manual. The distance between the scene of offence and the shop of LW5 is 20 meters. They weighed the seized property in his shop. After completing the seizure panchanama, they went along with accused to LW5's shop with seized property and weighed it. He entered into the new house and the old house of the accused. He did not mention about the rooms in the houses. They separated the seized property into 30 packets in one bag and 50 gms in another bag at the accused's house. They had taken the seized property i.e., 30 packets and 50 gms separately to the Police Station. They sealed the 30 packets in one bag and 50 gms in another bag. The sealed property bags were affixed with the Police Station seal i.e.,
Tiryani. He affixed his signature and panchas' signatures on the sealed property. The separate bags were not appeared in Ex.P5 in the hands of the accused. She had wooden tatty house and she was poor.
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15.PW2/Reddyajula Thirupathi (PC-3255) who is the Police personnel deposed in chief examination are that, On 01.11.2021 at 12.00 hrs, PW1 received a credible information about possessing and selling of Ganja by one Kumuram Tanubai at her house at Thalandi village PW1 sent a requisition to Tahsildar with a request to visit the scene of crime to conduct search and seizure and also requested to depute to revenue officials to act as mediators. PW1 made entry in general dairy as there was no sufficient time to obtain search warrant, then he along with Deputy Tasildar and their staff PW1, WPC-1817,
TSSTC-1888 and two Revenue officials. They visited to the house of
Kumuram Tanubai found her available at her house she disclosed her name as Kumuram Tanubai, informed her about the credible information received by them and served notice U/Sec. 50 of NDPS Act obtained her consent meantime she confessed the commission of offence before the presence of mediators and Tasildar recorded her confessional statement and in pursuance to her confession she laid her into her old house and produced two polythene covers from the attic one contained 30 small polythene packets and another polythene cover contains ganja securing the presence of Athram Ramu weighed the (30) small polythene packets containing ganja it was (150 gms), each packet was weighing (05) gms and the Ganja in a separate cover was (50) gms.
Total 200 gms dry ganja. The same was seized under a cover of separate seizure panchanama, packed in polythene covers and sticked
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the signed chits and sealed in the presence of Deputy Tasildar and the mediators and two photographs. The accused brought to the PS along with seized ganja and produced along with original panchanama for instance of the case. LW13 examined him and recorded his statement.
Witnessed identified the accused in the open court.
16. PW2 in his cross examination stated that, he had no acquaintance with accused prior to this case. He saw her for the first time when the case was registered and again today in the open court. They did not attempt to find the accused's house number. They did not verify the survey number of the accused's land. He had not stated in his
U/sec.161 CrPC statement the description of the accused's houses. He had not stated in his U/sec.161 CrPC statement whether the weighing machine was manual or electronic. PW1 got weighed the seized Ganja packets by Athram Ramu/LWS. He brought the LW5 on his bike to scene of offence. He reached the scene of offence at about 12.00 hours.
He had not stated in his U/sec. 161 CrPC statement how many rooms were in the accused's house. He entered the accused's houses. He stated in his U/sec. 161 CrPC statement about the seized powder was colour. The distance between police station and scene of offence about 5 kms. They reached the police station from the scene of offence with in 15 minutes, after weighing the seized Ganja.
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17.PW3/Godisela. Lingamurthi (Record Asst) deposed in his chief evidence that, on 01.11.2021 on receiving information about 12.00 to 1.00 pm on reliable information their Thasildar received a phone call about possessing and selling of Ganja on which he along with their Dy.
Tahsildar and Durgam Vijay Prakash/LW9 visited to the house of accused at Koyathalandi village. Police searched the accused house in front of him and their Revenue officials. She confessed in their presence that she selling Ganja for lively hood, after police seized (30) packets of Ganja total 150 grams each (5) grams and the Ganja in separate cover is 50 grams, total 200 grams of dry Ganja. She also confessed that she was cultivating the Ganja in her field since three years and also she was stated that she was selling each packet of
Rs.50/- and Rs.100/- to who asked her. The seized Ganja was packed in separate cover and sealed covers and sticked the chits. They signed on them. The panchanama was conducted in the presence of him and other Revenue officials. The house of accused surrounded by neighboring houses, infront of the accused house the road situated. The police drafted CDF and rough sketch infront of him and LW9. After read over the contents they signed on the same. The witness identified the accused in open court.
18. PW3 in his cross-examination stated that, Police scribed the CDF and rough sketch and confession cum seizure panchanama after read
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over the contents he had signed on them. When they reached the accused's house the police were present there. They reached scene of offence at around 1.00 pm the proceedings were completed with in 1.00 hour to 1½ hour. After that they went to police station along with
LW9. They signed on the written papers at police station. After that he never visited the accused's house. When he saw at scene of offence the
Ganja was in the hands of lady constable. The lady constable hand over it to Sub Inspector of Police. The S.I was told him about 30 packets of
Ganja total containing 150 grams. The Ganja was seized infront of him and the packets were sealed 30 packets in one cover and separate
Ganja was sealed in other cover. Except this nothing done.
19.PW4/Maskoor Ali (Thasildhar) in chief examination are that, On 01.11.2021 at about 12.00 hours he received a requisition from PW1 with a request to visit the scene of crime to conduct search and seizure and also requested to depute to revenue officials to act as mediators.
He along with two revenue officials visited to the house of Komuram
Thanubai found her available at her house. On enquiry she disclosed her name as Komuram Thanubai informed her about the credible information received and served notice U/Sec. 50 NDPS Act. She was illiterate as such they secured Komuram Krishna/LW6 he read over the notice to the accused and drafted consent of behalf of accused, after obtaining her written consent. They searched the accused house they
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found (02) polythene covers attic contained 30 small polythene packets and another polythene cover contains Ganja, securing the presence of
LW5/Athram Ramu weighed 30 small packets containing Ganja, it was 150 gms, each packet was weighing 5 gms and the Ganja in a separate cover is 50 gms, total 200 gms dry Ganja. The same was seized under a cover of separate seizure panchanama packed in polythene cover and stick signed chits and sealed in the presence of him and their revenue officials and took photographs. The accused confessed that since three years he was cultivating in Ganja in his field for his livelihood and also stated that she sold the Ganja to unknown persons for gaining money for Rs. 50/- to Rs. 100/-. The witness identified the accused who was present in the open court.
20.PW4 in his cross examination he categorically stated that,
Which he had received the requisition from the police he did not hand over to the police. He had received the requisition at 12.00 hours. They left our office from 12.10 hours and arrived at scene of offence at 12.45 hours along with panchas. When they arrived at the scene of offence the police were present there. The notice U/Sec.50 of NDPS Act was served by him and while, the signature of SI present, his signature was not. LW6 was present at the scene of offence they called him and asked him to read over the notice to accused. The accused did not know Telugu read and write. He also did not know Gondu language.
They did not obtain of LW6's signature on seizure panchanama as a
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translator. Witness adds that the LW6 was not a translator. He explained the contents in her own language (Gondu). The panchanama was scribed by police in his presence. After read over the contents of seizure panchanama, he signed on the same. The panchanama mentions that he scribed it. We did not obtain the signatures of LW5 and LW6 on the panchanama. He did not affix his stamp on the sealed seized material object. They did not collect any documents related to the accused's land, nor did they hand over any documents to the police.
He could not say whether the land belongs to accused without reviewing the documents. The panchanama was drafted in Telugu. They inquired with the neighbours about the accused but they did not record their statements. They were present at the scene of offence at about 1.30 pm. After completing the procedure, he never went to scene of offence and police station. At the time of CDF he was not present. The weighing machine used was not electronic but manual kanta. The LW5 came to accused's old house. He summoned our VRA to call the LW5 to weigh the seized Ganja.
21.PW5/S.Sathish Kumar who is the Inspector of Police, CCRB,
Nijamabad categorically in his chief examination deposed that, On 01.11.2020 at about 14.15 hours LW12 received report from PW1 basing on the report LW12 registered a case in Cr.No. 39/2021 for the offence punishable U/Sec. 8 (b), (c) r/w 20 (a) (1) (ii) (A) of NDPS
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Act-1985, issued FIR. On receipt of information he took up investigation into this case. During the course of investigation, he examined and recorded statements of PW1 and his staff and others
PW2, LW3 to LW7. Interrogated the accused, on interrogation she voluntarily confessed the commission of offence. He perused the panchanamas conducted by PW1 before the mediators PW3 and LW9 in the presence of PW4. Later at 18.30 hours effected the arrest of the accused by issuing arrest memo. While complying the procedure of arrest served notice U/Sec. 50, 50(A) Cr.PC. Visited the crime scene situated at the Cotton filed of the accused at Nayakapuguda observed the scene minutely in the presence of mediators PW3 and LW9 and prepared CDF and drafted rough sketch. During further course of investigation he had deposited the case property i.e., seized contraband along with inventory of contraband on 05.11.2021 at Hon'ble Addl.
JFCM Court, Asifabad, U/Sec. 52(A) (2) (A) © of NDPS Act along with letter of advice with a request to issue correctness certificate of contraband and draw samples and forwarded the same to TSFSL,
Hyderabad for analysis report. Accordingly the Hon'ble Magistrate after physical observation drew (1) Ganja plant as sample and issued correctness certificate. The sample drawn sent to TSFSL, Hyderabad for examination and report. The remaining contraband/Ganja handed over to S1. Thiryani for safe custody. The LW1 who analyzed the contraband furnished a report opining that the contraband are found to
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be "Ganja" a Narcotic Drug. A requisition for confiscation of remaining contraband/Ganja plants submitted to the drug disposal committee i.e.. Chair person. Superintendent of Police, K.B. Asifabad under acknowledgment. After completion of investigation he laid charge sheet.
22. PW5 in cross-examination stated that, he along with PW1 and panchas, visited the scene of offence at 03.00 pm. The distance between Thiryani Police station and Rebbena police station is about 25 kms. After receiving the information he immediately proceeded to scene of offence. He received information at about 02.15 pm. There was no separate confession and seizure panchanama in his verification.
He had not obtained any documents regarding ownership of the accused's house and lands. PW1 did not enter GD entry while proceeding to the scene of offence. Before 03.00 pm he saw the seized contraband in the police station. He did not observe green colour dried leaves, flowery tops, fruiting tops etc. He did not examine the person who sent for TSFSL, Hyderabad. He had cited as LW11 who analyzed the contraband. Confession cum seizure panchanama/Ex.P4 drafted by
PW4. PW1 deposited the contraband Ganja in the Malkana and entered into the Malkana register. He did not mention in the charge sheet that the contraband Ganja was deposited in the Malkana and entered in the
Malkana register. He did not enclosed the register numbers in the
Malkana along with charge sheet. He did not mention the house
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number of the accused in the inventory. He submitted a requisition for inventory of the contraband. After receiving the Hon'ble Magistrate's certificate of correctness they received the samples. The seized property was sealed in cloth bags when he saw the first time at
Thiryani police station. According to Section 52(A) (2) they did not mention the signatures of panch witnesses on the seized contraband cloth covers in the inventory. The LW12 signatures were not there on the contraband seized Ganja along with panchas. LW12 did not inform him about hand over the seized Ganja from PW1. Accused did not know write and speak Telugu so they appointed a translator and cited him as witness/LW6.
Violation of Section.50 of NDPS Act :
PW-4/Tahsildar and PW-5/Inspector admitted that no written no- tice of consent was served to the accused before the search. The law requires the accused to be informed of their right to be searched in the presence of a Gazetted Officer. The Supreme Court in State of Pun - jab v. Baldev Singh (1999) 6 SCC 172 held that non-compliance with
Section 50 of NDPS Act makes the search illegal and vitiates the entire proceedings. In this case, the failure to inform the accused of their rights renders the search and seizure illegal. Failure to comply with this provision renders the search and seizure illegal.
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23.PW-5 admitted in cross-examination that the prosecution did not submit any house ownership certificate proving that the accused resided in the house where the alleged contraband was found. This creates serious doubts about whether the accused had knowledge or control over the seized Ganja. The Supreme Court in Union of India v. Bal Mukund (2009) 12 SCC 161 ruled that the prosecution must prove conscious possession of the contraband. In the present case, the lack of ownership documents and contradictions in testimonies fail to establish that the accused had conscious possession of Ganja.
24. Contradictions in Witness Testimonies:
PW-1/Sub-Inspector of Police, P. Ramarao stated that the informa- tion about Ganja possession was received at 12.00 hours, while PW-2/
PC Thirupathi stated it was at 12.00 hours. Athram. Ramu, who allegedly weighed the Ganja, denied knowing what the material was and was declared hostile.
25.PW-3/Godisela Lingamurthy, who allegedly signed the pan- chanama, denied any knowledge of the case and was also declared hos- tile. PW-6/Tahsildar admitted that important details such as the requisi- tion from police, independent witnesses, and written consent of the ac- cused were missing in the records. PW-7 admitted that duty certificates for the witnesses were not obtained, meaning their presence at the scene is unverified. These contradictions raise serious doubts about the
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prosecution's version of events and make the testimonies of key wit- nesses unreliable.
26. Chain of Custody Not Established:
The prosecution failed to prove that the same seized Ganja was the one sent to the forensic lab. PW-4, who weighed the contraband, denied knowledge of it. PW-7 admitted that key records such as the
Malkhana Register and panch signatures on the seizure memo were missing. This breaks the chain of custody and makes the forensic report (Ex.P9) unreliable.
27. Forensic Report Delay:
The seized Ganja was sent for forensic examination seven days after seizure, creating the possibility of tampering or misidentification.
No Neutral Panch Witnesses were present both PW-3 and PW-4, who were cited as independent panch witnesses, turned hostile and denied their involvement in the seizure. The only supporting witnesses were police officers and revenue officials who had a direct interest in the case. Failure to Record Statements of Local Residents No neighbors or community members were examined to establish that the accused was involved in Ganja possession or sale.
28.Based on the serious procedural lapses, contradictions in prose- cution evidence, and failure to prove possession beyond reasonable
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doubt, the court concludes that The search and seizure were illegal due to non-compliance with Section 50 of NDPS Act. The prosecution failed to establish conscious possession of Ganja by the accused. The chain of custody of the seized contraband is broken, making the forensic evi- dence unreliable. Independent witnesses turned hostile, further weak- ening the prosecution’s case. The accused’s confession is inadmissible in law as per Supreme Court precedents. The prosecution has failed to prove the charges beyond a reasonable doubt. Therefore, the accused is hereby acquitted of all charges under the NDPS Act. Accordingly, the point is answered.
29.In the Result, The Accused found not guilty of the offences punishable under Sections. 20(b)(ii)(A) of NDPS Act-1985 against accused person. Accordingly, Accused acquitted under Section. 248(1) of Cr.P.C. The bail bonds shall stand canceled after expiry of appeal period.
The unmarked case property i.e., 200 grams of Dry Ganja deposited vide CP.No.109 / 2021 shall be destroyed with after appeal period over.
Typed to my dictation by Typist, corrected and after corrections and pronounced by me in the Open Court on 23 rd day of June, 2025. ANANTHADigitally signed by ANANTHA
LAXMI JAKKULA
LAXMI JAKKULADate: 2025.06.23 12:23:31 +0530 Prl. Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad. FAC:Addl. Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad.
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Appendix of evidence
Witnesses examined
For prosecution:-
PW-1/LW1P. Rama Rao (SIP, Thiryani)Defacto Complainant
PW-2/LW2Reddirajuala.ThirupathiEye witness (PC-3255)
PW-3/LW8Godisela. LingamurthiPanch for confession, Search, Seizure and crime detail form PW-4/LW10 Md. Maskoor AliTahsildhar
PW-5/LW13 S. Satheesh KumarInvestigating Officer, who filed charge sheet
For Defense : -NIL-
Exhibits marked
For Prosecution:
Ex.P101.01.2021Complaint given by PW.1 in Cr.No.39/2021 of PS Tiryani for the offence u/Sec.20(b)(ii)(A) of NDPS Act-1985. Ex.P201.01.2021Requisition to Tahsildar for search and seizure Ex.P301.11.2021Consent given by Krishna ( Relative of Accused) Ex.P401.11.2021 Confession-cum-seizure panchanama Ex.P501.11.2021Photos along with CD Ex.P601.11.2021Signature of PW3 on CDF Ex.P701.11.2021Signature of PW3 on Rough Sketch Ex.P801.11.2021Signature of PW3 on Page No.1 of Confession cum seizure panchanama Ex.P901.11.2021Signature of PW3 on Page No.2 of Confession cum seizure panchanama Ex.P1001.11.2021Signature of PW3 on Page No.3 of Confession cum seizure panchanama Ex.P1101.11.2021FIR Ex.P1201.11.2021CDF
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Ex.P1301.11.2021Rough Sketch Ex.P1415.12.2021FSL Report
For DEFENCE : - NIL -
Material Objects Marked: - NIL -
Digitally signed
ANANTHA
by ANANTHA
LAXMILAXMI JAKKULA
JAKKULADate: 2025.06.23 12:23:47 +0530
Prl. Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad. FAC:Addl. Junior Civil Judge-cum-
Judicial Magistrate of First Class,
Asifabad.