IMPORTANT POINT
The court emphasized that compliance of Sec. 50 of the NDPS Act was not necessary as there was no personal search of the accused, and the accused's conscious possession of Ganja led to the presumption of guilt under Sec. 54 of the NDPS Act.

JUDGMENT

A.V.RAVINDRA BABU, J. - Challenging the judgment, dtd. 14/10/2010 in Sessions Case No.6 of 2010 (NDPS Act), on the file of I Additional Sessions Judge, Guntur, the unsuccessful accused filed the present Criminal Appeal.

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 unsuccessful accused faced charge under Sec. 8(c) r/w Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substance Act, 1985 ("NDPS Act" for short) for alleged possession of 3 Kgs. of Ganja on 12/6/2010. The learned I Additional Sessions Judge, Guntur on conclusion of the trial, found the accused guilty of the charge, convicted her under Sec. 235(2) of the Code of Criminal Procedure ("Cr.P.C." for short) and after questioning the accused about the quantum of sentence, sentenced her to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000.00, in default to suffer simple imprisonment for two years. Felt aggrieved of the same, the unsuccessful accused, filed the present Criminal Appeal.

4. The case of the prosecution, in brief, as set out in the charge sheet pertaining to PR.No.20/2010-11 of Prohibition & Excise Station, Guntur, is as follows:

(i) The accused is resident of Venigandla, Pedakakani Mandal. The place of offence is located at the stones heap behind Milk Society, Venigandla, which is situated on the left side of the road that leads from Pedakakani to Venigandla.

(ii) On 12/6/2010 L.W.3-Shaik Syda, Prohibition and Excise Head Constable, Enforcement, Guntur, L.W.4-P.V. Seshaiah, Prohibition and Excise Sub Inspector, Enforcement, Guntur and L.W.5-N. Thirupathiah, Prohibition and Excise Inspector, Enforcement, Guntur, conducted patrolling duty to detect the Prohibition and Excise Offences. At about 1-00 p.m., they reached the place of offence i.e., the stones heap behind Milk Society, Venigandla, which is situated on the left side of the road that leads from Pedakakani to Venigandla and found the accused in possession of white colour plastic gunny bag at her feet. On seeing the excise officials, the accused tried to escape. The excise officials detained her with the help of staff. On questioning, the accused revealed that the gunny bag contains Ganja. Then, L.W.5 sent L.W.3 to bring mediators. After 20 minutes, L.W.3 brought L.W.1-D. Srinivasa Rao, V.R.O., Incharge of Venigandla and L.W.2-B. Suresh Kumar, Village Secretary, Venigandla, to act as mediators. The accused revealed her identity particulars on questioning about the commission of offence. The Prohibition and Excise Inspector, Enforcement, Guntur-L.W.5, has intimated to the accused about the procedure under Sec. 50 of the N.D.P.S. Act, for which the accused expressed her unwillingness for search before a Gazetted Officer. Then, L.W.5 secured the weighing instrument through L.W.4. Then they opened the gunny bag and found leaves, flowers, barks, seeds along with dry Ganja. On weighing, it was found to be 3 Kgs. of Ganja. L.W.5-Prohibition and Excise Inspector, separately drawn 100 grams of Ganja into a separate packet, sealed and affixed identity slips to the samples in gunny bag. He seized the same and arrested the accused under the cover of mahazarnama. L.W.6-G. Dwarakanath, Prohibition and Excise Inspector, registered the mediators report vide PR.No.20 of 2010-11 under Sec. 8(c) r/w 20 (b)(ii) (B) of N.D.P.S. Act, 1985 and forwarded the accused to the remand. The sample was sent to the chemical analysis and the analyst opined that it is of Ganja. Hence, the accused rendered herself liable for punishment under the above provision of law.

5. The learned I Additional Sessions Judge, Guntur, took cognizance of the case under the above provisions of law. After appearance of the accused and after compliance of Sec. 207 of Cr.P.C., the learned I Additional Sessions Judge, Guntur, framed charge under Sec. 8(c) r/w 20(b(ii)(B) of N.D.P.S Act against the accused, explained to her