Possession of narcotics requires no personal search compliance under Section 50 when found during public checks; evidence established conscious possession leads to conviction under the NDPS Act.

JUDGMENT

A.V.RAVINDRA BABU,J. - The judgment, dtd. 19/3/2010 in Sessions Case No.2 of 2010, on the file of I Additional Sessions Judge, Guntur, is under challenge in the present appeal filed by the unsuccessful Accused No.1 and Accused No.2 ("A.1 and A.2" for short), who faced conviction and sentence under Sec. 8(c) r/w Sec. 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 ("NDPS Act" for short) for possessing 30 Kgs. of Ganja.

2. The parties to this Criminal Appeal will hereinafter be referred to as described before the trial Court for the sake of convenience.

3. The case of the prosecution, in brief, according to the averments set out in the charge sheet filed by the State, represented by Prohibition & Excise Inspector, Mangalagiri, in Crime No.89/2009-10 of Prohibition & Excise Station, Mangalagiri, under Sec. 8(c) r/w Sec. 20(b)(ii)(C) of the NDPS Act, is that;

(a) A.1 is resident of Marellavari Street, 22nd Ward, Near Simhadri Appanna Temple, Bheemavaram, West Godavari District and A.2 is resident of Lingamgunta Village, Ananthasagaram Mandal, Nellore District.

(b) On 21/11/2009 L.W.3-G.E. Ananda Babu, Prohibition & Excise Head Constable, Mangalagiri; L.W.4-D. Rama Krishna, Prohibition and Excise Constable, Mangalagiri; L.W.5-Y. Ashok Kumar, Prohibition and Excise Sub Inspector, Mangalagiri and L.W.6-T. Srinivasa Rao, Prohibition and Excise Inspector, Mangalagiri, along with other staff conducted vehicle checking of the vehicles coming from Vijayawada side, near Khaja Tollgate, from 8-30 a.m. onwards. At about 10-45 a.m., L.W.6 stopped the APSRTC bus bearing No.A.P.28 Z 5018 from Machilipatnam to Tirupati to check the bus. Accordingly, he conveyed intention to check the bus to the driver of the said bus and served search proceedings under Sec. 165 of the CRIMINAL PROCEDURE CODE ("Cr.P.C." for short) on L.W.1-A. Surya Nagendra Rao, bus driver. On search, he found A.1 in seat No.11 in the 4th row behind the conductor and further found A.2 in the seat No.14, behind the driver, by keeping some bags in front of them. On enquiry, both of them admitted possession of Ganja in the said bags in a confusing manner. Then, L.W.6 requested L.W.1 and L.W.2-K. Ramkumar, the Drivers of the said RTC Bus to act as mediators, for which they agreed to do so. In the presence of them, he verified the white polythene sticks bag and black zip bag with A.1 and white polythene sticks bag and wheat colour sticks bag with A.2. He found leaves, stems, flowers and seeds smelling as Ganja. Then he secured one electronic weighing machine with the help of L.W.3. In the presence of mediators i.e., L.W.1 and L.W.2, he got numbered the bags as Sl.Nos.1 and 2 in respect of the bags of A.1 and numbered the bags of A.2 as Sl.Nos.3 and 4 and got weighed the same. He found 8.500 Kgs, 8.500 Kgs., 7.00 Kgs. and 6-00 Kgs. in total 30 Kgs of Ganja in the above said bags. A.1 and A.2 revealed their names and identity particulars on enquiry by him. They confessed about the commission of offence. They handed over the bus journey tickets. Then he has taken 100 grams of Ganja each into four separate paper packing, as samples for analysis and kept the remaining Ganja in the respective bags, tied the same, sealed and affixed identity slips. He arrested A.1 and A.2 after explaining grounds of arrest under cover of a mediators report scribed by L.W.4. Later