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IN THE COURT OF THE I ADDITIONAL SESSIONS JUDGE:
EAST GODAVARI AT RAJAMAHENDRAVARAM.
Present: Smt. Sunitha Kondabolu,
I Additional Sessions Judge, Rajamahendravaram.
Tuesday, this the 4th day of April, 2023
NDPS SESSIONS CASE No.46/2018
(Crime No.101/2017 of Mandapeta Rural Police Station)
Name of the Accused1. Yalla Bhaskar Rao S/o Late Apparao, A/60 and particulars:years, C/Kapu, Subhadrammapeta Village, Rangampeta Mandal, R/o Navayuga Colony, Plot No.303, Hyderabad (Owner of Mahindra Car bearing No.MH14 DC 2799)
2. Ketha Nageswara Rao S/o Ganga Raju, A/45 years, C/Settibalija, Occ:Agriculture Coolie, Sub hadrammapeta (V), Rangampeta Mandal.
3. Chiranjeevi of Vizag District (A3) (Absconding)
4. Nagesh of Vizag District (A4) (Absconding) 5.Eelubhai, Gudyagaav of Pune (A5) (Abscond ing)
6. Boddakayala Surya Kanaka Raju S/o Surya narayana, A/41 years, C/K.Velama, R&B Colony, Opp. Ppaer Mill, Rajamahendravaram.(Died) (case against A6 was abated on 23.11.2021)
7. Bakka Suresh S/o Venkat Ramana, A/30 years, C/Settibalija, Anjeneya Swamy Temple Street, Subhodrampeta (V), Rangampeta Mandal.
ComplainantState represented by the Inspector of Police, Mandapeta Rural Circle. Charge:Under Section 8(C) r/w 20(b)(ii)(C) of NDPS Act, 1985. Plea of the accused:Pleaded not guilty Finding of the judge:Found not guilty Sentence or Order: In the result, A1, A2 and A7 are found not guilty for the offence under Section 8(C)r/w20(b)
(ii)(C) of NDPS Act, 1985 and they are acquitted under Section 235(1) Cr.P.C. A1 in judicial custody shall be set at liberty if he is no longer required in any other case on his furnishing a personal bond of Rs.25,000/. The bail bonds of A1, A2 and A7 shall remain in force for a period of 6 months as contemplated under Section 437 A Cr.P.C. M.Os 1 to 69 sample Ganja packets and M.O.70, M.O.71 two Nokia Cell Phones, M.O.72 cash of Rs.5,000/, M.O.73 Samsung Cell Phone, M.O.74 Cash of Rs.5000/, M.O.75 Redmi cell phone and M.O.76 Samsung White Mobile Phone deposited in CPR No.3/2022 are ordered to be returned to SHO, Mandapeta Rural P.S for safe custody after appeal time is over with a direction to produce the said property at the time of filing charge sheet against A3 to A5 who are absconding.
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Counselforthe:Special Public Prosecutor, E.G. District prosecutionRajamahendravaram. Counsel for defence:Sri S.S.Prakasa Rao, Advocate for A1, A2 and A7
This case is coming on 27.03.2023 for hearing before me and after hearing both sides and after perusing the material on record, having stood over for consideration till this day, the Court delivered the following:
J U D G M E N T
The Inspector of Police, Mandapeta Rural P.S laid charge sheet against
A1, A2, A6 and A7 in Crime No.101/2017 of Mandapeta Rural P.S for the offence under Section 8(c) r/w Section 20(b)(ii)(C) of the NDPS Act, 1985.
2.The prosecution case is that 16.07.2017 at 6 PM PW5 K.Lakshmana
Reddy, Inspector of Police, Mandapeta Rural Circle received reliable information about illicit transportation Ganja and obtained permission from
SDPO, Ramachandrapuram to conduct raid. He secured PW1 G.Uma
Maheswararao, LW11 Y.Rajaratnam to act as mediators and PW2
M.Venkateswararao, Tahsildar, Madapeta as a Gazetted Officer, PW3
B.Tatabbai, weigher, PW4 S.Siva Prasad, S.I of Police, Mandapeta P.S and other Police Constables and proceeded to the outskirts of Devarapalli Village of Mandapeta Mandal.
3.While conducting vehicle checking on 16.07.2017 at 6.30 PM PW5 took
A1, A2, A6 and A7 into custody and seized 69 packets of Ganja weighing 161.185 gms transported on Mahindra XUV 500 Car bearing No.MH 14 DC 2799 along with 5 mobile phones and Rs.10,000/ cash from their possession under a cover of mediators report. PW5 arrested A1, A2, A6 and A7 at the scene of offence on 16.07.2017 and brought them along with seized Ganja packets, samples, cell phones, Mahindra XUV car and cash of Rs.10,000/ to
Mandapeta Rural P.S and handed over to PW4. On the instructions of PW5, the mediators report was registered by PW4 as a case in Cr.No.101/2017 under Section 8(c) r/w 20 (b) (ii) (C) of the NDPS Act and issued FIR.
4. In course of investigation, PW5 examined and recorded the statements of all witnesses and sent A1, A2, A6 and A7 for remand before JFCM, Alamauru.
He examined the scene of offence on 17.07.2017 and drafted rough sketch.
Thereafter seized samples of Ganja were sent to chemical examiner, P&E department, Kakinada for analysis. After receiving chemical analysis report, charge sheet was filed against A1, A2, A6 and A7 showing A3 to A5 as absconding.
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5.The case was taken cognizance against A1, A2, A6 and A7 under
Section 8(C) r/w 20(b)(ii)(C) of NDPS Act and numbered as NDPS SC 46/2018.
6.The case against A6 was abated on 23.11.2021 as he was reported died.
On production of A1 from the Central Prison, Rajamahendravaram and on appearance of A2 and A7 and on hearing the prosecutionand defence charge under Sections 8(C) r/w Section 20(b)(ii)(C) of NDPS Act, 1985 was framed, read over and explained to them in vernacular. They pleaded not guilty and claimed to be tried.
7. In course of trial, the prosecution has examined P.Ws.1 to 5 and got marked Exs.P1 to P14 and M.Os 1 to 76. Thus, the prosecution evidence is closed.
8. During 313 Cr.P.C. examination, A1, A2 and A7 denied the incriminating evidence appearing against them and reported no evidence on their behalf in defence. Their case is total denial.
9. Heard the Learned Special Public Prosecutor and the Counsel for A1, A2 and A7.
10. Now, the Points arise for determination are
1. Whether A1, A2, and A7 were found in possession and
transportation 69 packets of Ganja weighing 161.185 kgs in commercial
quantity on Mahindra XUV Car bearing No.MH 14 DC 2799 on 16.07.2016
at 6.30 PM on the outskirts of Vemulapalli Village of Mandapeta Rural
without any license, permit or authorization?
2. Whether the prosecution has proved the guilt of A6 under
Section 8(C) r/w Sections 20(b)(ii)(C) and 29 of the NDPS Act,1985 beyond
all reasonable doubt?
11. POINT No.1:
As per the material brought on record, A1, A2 and A7 along with A6 were apprehended while they were found in possession and transportation of 161.185 Kgs of Ganja in 69 packets on Mahindra XUV Car bearing No.MH 14
DC 2799 on 16.07.2016 at 6.30 PM on the outskirts of Vemulapalli Village of
Mandapeta Rural.
12. While so the prosecution has examined PW1, VRO, Vemulapalli Village who acted as the mediator for the alleged arrest of A1, A2 and A7 and seizure of contraband. Further the Tahsildar, Mandapeta who acted as a Gazetted
Officer was examined as PW2 and the weigher of Ganja as PW3. The S.I of 4
Police, Mandapeta Rural P.S who was a member of raid party and registered the case was examined as PW4 and the Inspector of Police, Mandapeta Rural
Circle, who conducted raid was examined as PW5.
13. The gist of evidence of PWs 1 and 2 and 4 and 5 is that on 16.07.2017 at 6.30 PM on the outskirts of Vemulapalli Village raid was conducted on information about transportation of Ganja. It is their evidence that while conducting vehicle checking, A1, A2, and A7 along with A6 were found transporting 69 packets of Ganja weighing 161.185 Kgs on Mahindra XUV vehicle. They were apprehended and Ganja in commercial quantity was seized from their possession.
14. PW1 VRO deposes that he was served with Ex.P1 notice to act as mediator along with LW11 Y.Rajaratnam and it is also his evidence that the
C.I of Police also got weighed 69 Ganja packets with an electronic machine brought by the weigher and collected 100 gms of ganja from each packet towards sample for chemical analysis packed in polythene covers in total 69 packets marked as M.Os 1 to 69. It is also his evidence that M.Os 70 and 71 two Nokia cell phones and M.O.72 cash of Rs.5000/ were seized from A1 and
M.O.73 Samsung cellphone and M.O.74 cash of Rs.5000/ was seized from A2 and further M.O.75 Redmi cellphone was seized from A6 under Ex.P2 mediators report scribed by him.
15. As per the evidence of PW2, he was also served with Ex.P3 notice and introduced as Gazetted Officer and four persons were arrested by the C.I of
Police and 69 packets were seized from the dickey of Mahindra Car containing 161.185 Kgs of Ganja weighed through a weighing person. He also spoke about lifting of 100 gms of sample from each packet and inserted identity slips signed by him, C.I of Police, and mediators. He would state that Ex.P2 mediators report was drafted by PW1 and further spoke about the seizure of 3 cell phones and cash of Rs.5000/ each from the 1st and 2nd person and also one mobile phone from the 3rd person. it is also deposed that he signed Ex.P2 mediators report along with C.I of Police, mediator and apprehended persons.
16. The prosecution has examined the sweet shop owner as PW3 so as to prove the weighing of seized Ganja and also the samples lifted. It is the evidence of PW3 that he weighed 60 Ganja packets found weighed 160 Kgs in total at Tungapadu road with an electronic weighing machine on the instructions of C.I of Police on 16.07.2017 at 7 or 7.30 PM.
17. PW4 S.I of Police who also participated in the raid has deposed that accused were searched in the presence of mediators and Gazetted Officer and total weight of 69 packets was 161.185 Kgs. It is deposed that from each 5 packet 100 gms of Ganja was lifted as samples packed in polythene covers under Ex.P2 mediators report drafted by PW1 and signed by him along with
C.I of Police, mediators, Tahisldar and the accused. It is also his evidence that he registered the mediators report and issued Ex.P4 FIR.
18. It is the evidence of PW5 Inspector of Police, Mandapeta Rural Circle who narrated the raid conducted by him that he received information about illegal transportation of Ganja on 16.07.2017 at 5.30 PM and informed to
SDPO, Ramachandrapuram and obtained Ex.P5 proceedings to conduct raid.
His evidence reveals that while conducting vehicle checking at
Kothatungapadu BT road stopped Mahindra XUV 500 Car coming from
Rajanagaram on 16.07.2017 at 6.30 PM. It is deposed by PW5 that he caught hold A1, A2 and A7 along with A6 and served Ex.P6 to Ex.P9 notices under
Section 50 of the NDPS Act.
19. As per the narration of PW5, he along with PWs 1 and 2 and other mediator checked Mahindra XUV 500 vehicle and found 69 bags and got weighed the said bags with PW3 secured by PW4 and total weight of 69 bags was 161.185 Kgs. It is stated that PW5 collected 100 gms of Ganja from each bag in polythene covers and pasted slips. He also spoke about seizure of
M.O.70 and 71 mobile phones and M.O.76 samsung phone seized from A1 apart from M.O.72 cash of Rs.5000/. It is deposed by PW5 that he seized
M.O.73 samsung cell phone from A2 and M.O.74 cash of Rs.5000/ from A2 and seized M.O.75 redmi cell phone from A6 and placed M.Os 70 to 76 in a plastic cover and pasted identity slip signed by mediators.
20. It is further evidence of PW5 that he got drafted Ex.P2 mediators report by PW1 in the head lights of Mahindra XUV 500 vehicle at the scene of offence from 6.30 PM to 9.30 PM and obtained the signatures of A1, A2, A6 and A7 on
Ex.P2 mediators report which was also signed by PWs 1 and 2 and other mediator. He also spoke about Ex.P10 photographs taken at the time of proceedings deposing that handed over seized property along with Ex.P2 mediators report to PW4. Further PW5 narrated investigation conducted by him including drafting of Ex.P11 rough sketch and sending A1, A2, A6 and A7 for remand before JFCM concerned.
21. According to PW5 he also addressed Ex.P12 letter to DTC, Kakinada for the particulars of Mahindra XUV 500 vehicle and obtained endorsement. His further evidence discloses that on 20.07.2017 he forwarded 69 Ganja sample packets to P&E Laboratory at Kakinada for chemical analysis along with
Ex.P13 letter of SDPO, Ramachandrapuram and letter of advice. It is deposed 6 that PW5 received Ex.P14 chemical analysis report dated 18.08.2017 which indicates that the samples are Ganja.
22.The learned Special Public Prosecutor submitted written arguments narrating the case of prosecution and also the evidence of PWs 1 to 5 submitting that mandatory Sections 42 and 50 are complied with. It is further submitted that the offence is clearly established by way of documentary and oral evidence, the prosecution has proved the guilt of the A1, A2 and A7 beyond all reasonable doubt.
23. The Counsel for the accused submitted that there is total non complaince of Section 42 of the Act as in one version it was deposed that C.I of
Police received information but Ex.P2 mediators report discloses that
Additional S.P, East Godavari received information about transportation of
Ganja. It is argued that no piece of paper was produced regarding information received and further there is lot of variation in securing mediators as it is not mentioned in specific in Ex.P2 that PW1 is the mediator.
24. It is further argued that it is found from the cross examination of the
PW2, Tahsildar that he was summoned to act as a mediator in such a case, search was not conducted as contemplated under law. It is argument of the
Counsel for the accused that search was conducted after sunset at 6.30 PM but no grounds of belief were recorded by PW5. It is argued that Ex.P10 photographs filed by the prosecution did not reflect weighing machine and sample packets.
25. It is argued that the samples are important piece of evidence to decide the case and as per Ex.P2 mediators report only one sample 100 gms from each packet was lifted and packed in polythene covers but the evidence of PW5 is that the samples are lifted from 69 bags packed in polythene covers. It is the argument that the signatures of the accused were not obtained on identity slips pasted on the samples and further Ex.P2 mediators report does not reflect that the samples are sealed and in such a case, there is every chance of inserting the foreign material.
26. It is also argued that as per Ex.P14 chemical analysis report, the samples are in polythene covers whereas Ex.P2 mediators report reflects that the samples are packed in polythene covers. It is argued that there is total non compliance of Section 57 of the Act. It is also an argument that PW5 has not followed the mandatory provisions of Sections 42, 50 and also Sections 55 and 57 of the Act and A1, A2, and A7 are entitled to acquittal.
27. In the case on hand, the contraband was alleged to have been seized from Mahindra XUV 500 Car bearing No.MH 14 DC 2799 as such the 7 compliance of Section 42 of the NDPS Act is mandatory. It is required under
Section 42(1) and (2) of the Act that information received shall be taken down in writing and sending of copy to the superior officer within 72 hours shall precede the entry of search and seizure by the Investigating Officer. Only in special circumstances and in case of emergency situation, the recording of information in writing and sending a copy thereof to the superior officer may be postponed by a reasonable period after the search and seizure.
28. The Apex Court in State Of Punjab vs Balbir Singh, 1994 (3)SCC 299, has observed that the object of NDPS Act is to make stringent provisions for control and regulation of operations relating to those drugs and substances. At the same time, to avoid harm to the innocent persons and to avoid abuse of the provisions by the officers, certain safeguards are provided which in the context have to be observed strictly. Therefore these provisions make it obligatory that such of those officers mentioned therein, on receiving an fair information, should reduce the same to writing and also record reasons for the belief while carrying out arrest or search as provided under the proviso to
Section 42(1). To that extent they are mandatory. Consequently the failure to comply with these requirements thus affects the prosecution case and therefore vitiates the trial.
29. As can be seen from the evidence of PW5 Inspector of Police, Mandapeta
Rural P.S who conducted raid, it is deposed by him that he received credible information with regard to illegal transportation of Ganja on 16.07.2017 at 5.30 PM. It is his evidence that he sent requisition and obtained Ex.P5 proceedings to conduct raid from SDPO, Ramachandrapuram. But it is admitted evidence of PW5 that Ex.P2 mediators report has no reference of
Ex.P5 proceedings and further said proceedings did not reflect that permission was granted for vehicle checking. It is also admitted by PW5 that it is mentioned in Ex.P2 mediators report that information about transportation of
Ganja was received by Additional S.P, Kakinada and further he has not filed
GD extract of Mandapeta Rural P.S dated 16.07.2017.
30. It is evident from the above testimony of PW5 that he did not either reduced the information received in writing or recorded the grounds of belief for the search conducted between sunset and sunrise in compliance of Section 42(1) of the Act so also did not send the said information within 72 hours to his superior officer i.e., SDPO, Ramachandrapuram as contemplated under
Section 42(2) of the Act. The proceedings under Ex.P5 obtained from SDPO,
Ramachandrapuram cannot be said to be in compliance of mandatory 8 provisions of Section 42 of the Act. Therefore it is a clear case of violation of
Section 42(1) and (2) of the Act which is mandatory.
31. As regards Ex.P6 to Ex.P9 notices served on accused Section 50 of the
NDPS Act has no application as no contraband was seized on their personal search except M.Os. 70 to 76 which includes cell phones and cash. However, it is found from the evidence of PWs 1, 2, 4 and 5 that PW2, Tahsildar was secured even before proceeding for raid and thereby he becomes member of raid party. As such, PW2 cannot be treated as an independent witness to the alleged search and seizure.
32. Now it is for the prosecution to prove beyond all reasonable doubt that
A1, A2 and A7 along with A6 were found in possession and transportation of 69 packets containing 161.185 Kgs of Ganja in White colour Mahindra XUV 500 Car bearing No.MH14 DC 2799 and samples lifted thereof said to be forwarded to the chemical examiner and produced before the Court are one and the same. The entire proceedings for search, seizure and lifting of sample were recorded under Ex.P2 mediators reports to prove the alleged possession of Ganja in commercial quantity from A1, A2 and A7 along with A6 .
33. The Hon’ble Supreme Court in Noor Aga Vs. State Of Punjab, (2008) 16
SCC 417 held that an initial burden exists upon the prosecution and only when it stands satisfied, would the legal burden shift. Even then, the standard of proof required for the accused to prove his innocence is not as high as that of the prosecution. Whereas the standard of proof required to prove the guilt of the accused on the prosecution is beyond all reasonable doubt but it is preponderance of probability on the accused. If the prosecution fails to prove the foundational facts so as to attract the rigours of Section 35 of the Act, the actus reus which is possession of contraband by the accused cannot be said to have been established. With a view to bring within its purview the requirements of Section 54 of the Act, element of possession of the contraband was essential so as to shift the burden on the accused. The provisions being exceptions to the general rule, the generality thereof would continue to be operative,namely, the element of possession will have to be proved beyond reasonable doubt.
34. In Mohanlal v. State of Pubjab, {2019 (1) ALD (CRL.) 696 (SC)} in reference to above decision it is held that a fair trial to an accused, a constitutional guarantee under Article 21 of the Constitution, would be a hollow promise if the investigation in a NDPS case were not to be fair or raises serious questions about its fairness apparent on the face of the investigation.
In the nature of the reverse burden of proof, the onus will lie on the 9 prosecution to demonstrate on the face of it that the investigation was fair, judicious with no circumstances that may raise doubts about its veracity. The obligation of proof beyond reasonable doubt will take within its ambit a fair investigation, in absence of which there can be no fair trial. If the investigation itself is unfair, to require the accused to demonstrate prejudice will be fraught with danger vesting arbitrary powers in the police which may well lead to false implication also. Investigation in such a case would then become an empty formality and a farce. Such an interpretation therefore naturally has to be avoided.
35. As can be seen from the contents of Ex.P2 mediators report, 69 Ganja packets were seized from the dickey of the Car found weighed in different weights in total 161.185 Kgs. It is also recorded in Ex.P2 mediators report about the seizure of cell phones and cash from A1, A2,A7 along with A6 and further 100 gms of Ganja from each packet was collected towards samples packed in plastic covers and pasted identity slips signed by mediators on the sample packets. It is mentioned in specific in Ex.P2 mediators report that the seized cell phones and cash were also placed in plastic cover and identity slips signed by mediators were pasted.
36 It is seen from the evidence of PWs 1 to 5, their version is contrary to the recitals of Ex.P2 mediators report. It is also found from the recitals of
Ex.P2 report that nowhere the names of PW1 and another mediator and also
PW2 are not mentioned except referring them as mediators. It is also pertinent to note that nowhere it is mentioned in Ex.P2 mediators report that the sample packets are sealed or pinned and also assigned any numbers as contemplated under standing order 1/89.
37. Further it is clear from the recitals of Ex.P2 mediators report as well as
PW1 in cross examination that the identity slips pasted on M.Os 1 to 69 did not contain the signatures of any of the accused. It is also admitted evidence of PW1 that there is every possibility to tamper the contents of M.Os 1 to 69 samples by removing stapled pins. It is also another discrepancy elicited in the case that as per the recitals of Ex.P2 mediators report, the samples collected were packed in plastic covers whereas Ex.P14 chemical analysis report discloses that the samples sent and analyzed were in polythene covers.
38.It is also not mentioned in Ex.P2 mediators report in specific that it was scribed by PW1 and further it is found from the cross examination of PW2 that the crime number and Section of Law mentioned on identity slips pasted on sample packets were written at the spot. It is elicited from the cross examination of PW3 that it was dark at the raid spot at the time of his visit 10 and it is not at all his evidence that the head lights of Mahindra XUV 500 vehicle were switched on. But it is mentioned in Ex.P2 mediators report and also the evidence of PWs 1, 2, 4 and 5 that mediators report was drafted from 6.30 PM to 9.30 PM in the head lights of Mahindra XUV 500 vehicle.
39. As per the evidence of PW4, Ex.P2 mediators report was registered at police station on 16.07.2017 after it was handed over to him by the C.I of
Police after conclusion of the proceedings therein. Therefore, the evidence of
PWs 1, 2, 4 and 5 and recitals of Ex.P2 mediators report that proceedings were drafted in the head lights of the vehicle are found to be false in the light of evidence of PW3 and also the evidence of PW2 that Section of Law and crime number were written on identity slips at the scene of offence.
40. It is also important to note that PW2 did not speak about identity of A1,
A2 and A7 which indicates that his presence at the raid spot is also doubtful.
It is also evident that Ex.P10 photographs did not reflect any weighing machine and sample packets as per the admitted evidence of PW1 in cross examination which is also another factor to doubt the proceedings alleged to be conducted at the scene of offence.
41. Further there is no evidence brought on record to show that the seized contraband and samples alleged to be lifted were kept under safe custody till the samples were sent to chemical examiner and contraband seized was deposited before the Court as provided under Section 55 of the Act. As per the admitted evidence of prosecution witnesses including PWs 1, 2, 4 and 5 there is every possibility of tampering of samples and inserting of foreign material in the sample packets. In the above circumstances, it cannot be said that the samples alleged to be seized and sent for chemical analysis and sample that are produced before the Court are one and the same. It is also evident that
PW5 has not sent any detailed report about the arrest of accused and seizure of contraband as contemplated under Section 57 of the Act to his higher official.
42. From the above discussion, it is clear that there is total non compliance of Sections 42(1) and (2) and Section 52A, 55 and 57 of the NDPS Act. In view of above referred infirmities and discrepancies found in the evidence of PWs 1 to 5, the prosecution could not prove that A1, A2 and A7 were involved in transportation of 161.185 Kgs of Ganja on 16.07.2017 at 6.30 PM on
Mahindra XUV 500 Car bearing No.MH14 DC 7299 on Kothatungapadu road on the outskirts of Vemulapalli Village, Mandapeta Mandal. Thus the points
No.1 and 2 are answered.
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POINT No.2: 43.It is clear from the above discussion that the prosecution could not establish the charge leveled against A1, A2 and A7 under Section 8(C)r/w 20(b)ii)(C) of NDPS Act, 1985 beyond all reasonable doubt. Accordingly point is answered.
44.In the result, A1, A2 and A7 are found not guilty for the offence under
Section 8(C)r/w20(b)(ii)(C) of NDPS Act, 1985 and they are acquitted under
Section 235(1) Cr.P.C. A1 in judicial custody shall be set at liberty if he is no longer required in any other case on his furnishing a personal bond of
Rs.25,000/. The bail bonds of A1, A2 and A7 shall remain in force for a period of 6 months as contemplated under Section 437A Cr.P.C.
45. M.Os 1 to 69 sample Ganja packets and M.O.70, M.O.71 two Nokia Cell
Phones, M.O.72 cash of Rs.5,000/, M.O.73 Samsung Cell Phone, M.O.74
Cash of Rs.5000/, M.O.75 Redmi cell phone and M.O.76 Samsung White
Mobile Phone deposited in CPR No.3/2022 are ordered to be returned to SHO,
Mandapeta Rural P.S for safe custody after appeal time is over with a direction to produce the said property at the time of filing charge sheet against A3 to A5 who are absconding.
Directly typed to my dictation by the Stenographer GrII, corrected and
pronounced by me in open Court, this the 4th day of April, 2023.
Sd/Smt.K.Sunitha I Additional Sessions Judge, Rajamahendravaram.
APPENDIX OF EVIDENCE
Witnesses examined
For Prosecution: P.W.1: Gannavarapu Umamaheswara Rao P.W.2: M.Venkateswarulu P.W.3: B.Tatabbai P.W.4: S.Siva Prasad P.W.5: K.Lakshmana Reddy
For Defence: None
Documents marked
For Prosecution: Ex.P1:16.07.2017 : Notice served on PW1 dated 16.07.2017 Ex.P2: : Mediators Report Ex.P3:: Notice to PW2 Ex.P4: : First Information Report Ex.P5:: Proceedings dated 16.07.2017 issued by SDPO, Ramachandrapuram. Ex.P6 to 9: : Notices under Section 50 of the NDPS Act served on A1, A2, A6 and A7 12
Ex.P10: : Photographs 18 in number on 5 sheets along with CD Ex.P11: : Rough Sketch Ex.P12: – : Letter Addressed to DTC, Kakinada along with endorsement. Ex.P13: : Letter addressed by SDPO, Ramachandrapuram to chemical examiner, Regional Excise and Prohibition Laboratory, Kakinada dt.20.07.2017 Ex.P14: – : Chemical Analysis Report dated 18.08.2017
For Defence: Nil
Material Objects marked:
M.Os 1 to 69: Sample packets M.O.70 & 71: Two Nokia Cell Phones seized from A1 M.O.72 : Cash of Rs.5,000/ seized from A1 M.O.73 : Samsung Cell Phone seized from A2. M.O.74 : Cash of Rs.5000/ seized from A2 M.O.75 : Redmi cell phone seized from B.S.Kanakaraju M.O.76 : Samsung White Mobile Phone seized from A1.
Sd/Smt.K.Sunitha I Additional Sessions Judge, Rajamahendravaram. Copies to:
1. The Registrar (Judl.) High Court of Andhra Pradesh, Amaravathi (through C.D.)
2. The District Collector, East Godavari District, Kakinada.
3. The Superintendent of Police, East Godavari District, Kakinada.
4. The Director of Prosecution, Amaravathi
5. The Special Public Prosecutor, East Godavari, Rajamahendravaram 13
TABULAR FORM ANNEXED TO THE JUDGMENT IN NDPS SC No.46/2018 ON THE FILE OF THE I ADDITIONAL SESSIONS JUDGE, RAJAMAHENDRAVARAM UNDER RULE 354 OF THE CRIMINAL RULES OF PRACTICE.
1. Sessions Case No. :NDPS SC No:46/2018
2. Name of the Police Station : Bommuru, P.S Cr.No.101/2017 and Crime No.
3. Description of the Accused::1. Yalla Bhaskar Rao S/o Late Apparao, A/60 years, C/Kapu, Subhadrammapeta Village, RangampetaMandal, R/o Navayuga Colony, Plot No.303, Hyderabad (Owner of Mahindra Car bearing No.MH14 DC 2799)
2. Ketha Nageswara Rao S/o Ganga Raju, A/45 years, C/Settibalija, Occ:Agriculture Coolie, Subhadrammapeta (V), Rangam peta Mandal.
3. Chiranjeevi of Vizag District (A3)
(Absconding)
4. Nagesh of Vizag District (A4)
(Absconding)
5.Eelubhai, Gudyagaav of Pune (A5)
(Absconding)
6. Boddakayala Surya Kanaka Raju S/o Suryanarayana, A/41 years, C/K.Velama, R&B Colony, Opp. Ppaer Mill, Rajamahen dravaram.(Died) (case against A6 was abated on 23.11.2021)
7. Bakka Suresh S/o Venkat Ramana, A/30 years, C/Settibalija, Anjeneya Swamy Temple Street, Subhodrampeta (V), Rangampeta Mandal.
4.Date of Offence:16.07.2017
Complaint:16.07.2017 Apprehension:16.07.2017
Release on bail:23.01.2018 (A1 and A7) 21.03.2018 (A2) Commencement of trial:26.08.2022
Close of Trial:18.01.2023
Sentence or Order:04.04.2023
In the result, A1, A2 and A7 are found not guilty for the offence under Section 8(C)r/w20(b)(ii)(C) of NDPS Act, 1985 and they are acquitted under Section 235(1) Cr.P.C. A1 in judicial custody shall be set at liberty if he is no longer required in any other case on his furnishing a personal bond of Rs.25,000/. The bail bonds of A1, A2 and A7 shall remain in force for a period of 6 months as contemplated under Section 437A Cr.P.C. M.Os 1 to 69 sample Ganja packets and M.O.70, M.O.71 two Nokia Cell Phones, M.O.72 cash of Rs.5,000/, M.O.73 Samsung Cell Phone, M.O.74 Cash of Rs.5000/, M.O.75 Redmi cell phone and M.O.76 Samsung White 14
Mobile Phone deposited in CPR No.3/2022 are ordered to be returned to SHO, Mandapeta Rural P.S for safe custody after appeal time is over with a direction to produce the said property at the time of filing charge sheet against A3 to A5 who are absconding.
5. Explanation for the delay. : No avoidable delay
Sd/Smt.K.Sunitha
I Additional Sessions Judge's Court, I Additional Sessions Judge,
East Godavari at Rajamahendravaram Rajamahendravaram.
Dated 04.04.2023