( 1 ) THIS is an appeal preferred by the sole accused in Special s. C. No. 102 of 2000 on the file of the special Court under Narcotic Drugs and psychotropic Substances Act Cases-cum-I Additional Sessions Judge, Cuddapah. He was charge-sheeted for an offence punishable under Section 20 (b) (l) of the Narcotic drugs and Psychotropic Substances Act, 1985 (for short the Act ) for allegedly carrying ganja .

( 2 ) THE case of the prosecution is briefly as follows:

( 3 ) ON 15-11-2000 at about 4 p. m. , p. W. 3, the Sub-Inspector of Police, muddanuru, along with P. W. I, the Village administrative Officer, and P. W. 2, Mandal revenue Officer, Muddanuru and Police constables went in a private jeep to seltivaripalii Village Bus Stop situated on muddanuru-Tadipatri Main Road at about 4-55 p. m. On seeing them the accused, who was sitting in a choultry with white plastic gunny bag tried to run away. P. W. 3 with the help of his staff caught hold of the accused and on opening the white plastic gunny bag in the presence of P. Ws. l and 2 he found ganja plants, stems, and stalks with flowering of a weight of 2 Kgs. On interrogation the accused revealed his identity and stated that he raised four ganja plants at his chilly garden and he was taking the material of the plants for sale at Tadipatri Town and was waiting for a bus. P. W. 3 arrested the accused at 5 p. m. , and seized the ganja in the presence of p. Ws. l and 2 by observing necessary procedure. He collected sample from it and sent the same to the Forensic Science laboratory, Kurnool for analysis. The analyst opined that the sample is ganja . P. W. 3 after completion of the investigation laid the charge-sheet.

( 4 ) THE Special Court after the appearance of the accused framed a charge under Section 20 (b) (l) of the Act to which the accused denied the same and claimed for trial. The prosecution in order to prove the guilt of the accused examined p. Ws. l to 3, marked Exs. P. l to P. 4 and m. O. 1-ganja. No oral evidence was adduced on defence side, but Ex. D. 1 was marked. The Special Court after considering the evidence placed by the prosecution found the appellant guilty of the offence under section 20 (b) (I) of the Act, convicted and sentenced him to undergo imprisonment for a period of one year and also to pay a fine of Rs. 1,000/-, in default to suffer imprisonment for three months. The appellant being aggrieved by the judgment of the Special Court dated 25-1-2002 preferred this appeal challenging its validity and legality.

( 5 ) THE prosecution alleged that the appellant was caught at the Muddanurutadipatri bus Stop while carrying ganja weighing 2 kgs. in a white plastic gunny bag and they seized the same in the presence of mediators under the cover of panchanama. The appellant denied the story of the prosecution and contended that while he was at his house the appellant took him to the Police Station and filed this case. In the light of the contentions of the respective parties, the point for consideration is: whether the prosecution proved the guilt of the appellant beyond reasonable doubt and whether he is entitled for acquittal as prayed for ? point:

( 6 ) P. W. 3 stated that on 15-11-2000 at about 4 p. m. , he received information and proceeded to Settivaripalli Village bus Stop situated at Muddanuru-Tadipatri main road at about 4-55 p. m. along with p. Ws. 1 and 2 and Police Constables and on reaching that place when the appellant tried to escape, they caught hold of him and on examination of the contents of a plastic white gunny bag being carried by the appellant, they found ganja weighing 2 Kgs. and seized the same in the presence of P. Ws. 1 and 2, took a sample to send the same to the Chemical Analyst, Kurnool for analysis and after receipt of the report of the analyst confirming that it is ganja he laid the charge-sheet.

( 7 ) P. W. I, the then Village administrative Officer, Muddanuru deposed that he knows the accused. On 15-11-2000 while he was at M. R. O s O

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