JUDGMENT :

The unsuccessful Accused No.3 in Sessions Case No.73 of 2005, on the file of I Additional Sessions Judge, Anantapur (“Additional Sessions Judge” for short), filed the present Criminal Appeal impugning the judgment, dated 03.07.2009 whereunder the learned Additional Sessions Judge found A.3 guilty of the offence under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (“NDPS Act” for short), convicted under Section 235(2) of the Code of Criminal Procedure (“Cr.P.C.” for short) and after questioning him about the quantum of sentence, sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.1,000/- in default to suffer simple imprisonment for three months. By virtue of the said judgment, the learned Additional Sessions Judge found A.1 and A.2 not guilty of the charge and acquitted them under Section 235(1) of Cr.P.C.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the learned Additional Sessions Judge for the sake of convenience.

3. The case of the prosecution, in brief, as set out in the charge sheet filed by the Station House Officer, Prohibition and Excise, Rayadurg in Crime No.7