This Appeal is preferred by the accused in S.C.No.36 of 2000 on the file of the Additional Sessions Judge, Kadapa.

2. A-1 was charged for the offences under Sections 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") for possessing ganja of 13 bags weighing 130 KGs on 04-01-2000. A-2 was also charged for 20 (a) (1) of the NDPS Act for cultivating ganja plants in the land measuring an extent of Ac.1-40 cents of Pochammareddipalli in Sy.No.128/2.

3. It is alleged by the prosecution that on 04-01-2000 at about 6-30 AM, the Inspector, his men and the mediators went to Pochammareddipalli village and when they were waiting near "Vanka" towards southern side of the village, at a distance of about 11/2 KM, a double bullock cart loaded with gunny bags was being driven by one person sitting on the cart and another person was following the cart. On seeing the police party, they attempted to run away. The police surrounded and caught hold of them. On ascertaining, they disclosed their identity as A.1 and A.2 and A-1 informed that he was eking out his livelihood by selling ganja by purchasing it from the village a