ON

13.01.2022,

COMING

ON

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

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JUDGMENT

These two appeals are directed against the

judgment and order of conviction passed by the

District & Sessions Judge, Chamarajnagar, in Special

Case No.152/2009 dated 24.02.2011 whereby the

learned Sessions Judge convicted the accused for the

offences punishable under sections 20(b)(ii)(B) of The

Narcotic Drugs and Psychotropic Substances Act, 1985

('NDPS Act' for short).

2.

Criminal Appeal No.369/2011 is filed by the

accused challenging the conviction, while Criminal

Appeal No.523/2011 is filed by the State aggrieved by

quantum

of

sentence

seeking

enhancement

of

sentence.

3.

Since both these appeals are arising out of

the same judgment, they are clubbed, heard and

common order is being pronounced.

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4.

For the sake of convenience, the parties

herein are referred with their original ranks occupied

by them before the Trial court.

5.

The brief factual matrix leading to the case

is that the Ramapura police have submitted a charge

sheet against the accused for the offences under

Sections 20(a)(b)(i) of NDPS Act. The brief facts of

the case are that on 20.7.2008 at about 3.55 p.m. the

complainant has received a credible information

regarding accused transporting ganja illegally near

Forest Department residential quarters in Ramapura of

Kollegal Taluk. The complainant after obtaining the

necessary

permission

from

Dy.SP,

secured

immediately the gazetted officer and panchas and

went to the spot at about 4.15 p.m. wherein they

found that the accused was waiting by holding a

plastic bag and he did not answer properly when

questioned. On verification, it is found that the said

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bag was containing 3 kg. 800 gms. of ganja and the

same was seized by the complainant by drawing a

mahazar. Then immediately he along with the seized

property returned to the police station and lodged a

complaint. At the time of drawing the mahazar he has

also taken sample and then the same was sent to FSL

laboratory and it is reported that the said property is

ganja. The investigating officer thereafter recorded

the statement of material witnesses and found that,

as there is sufficient material against the accused,

submitted the charge sheet. The accused was

arrested and was produced before the learned

Sessions Judge. He was initially remanded to judicial

custody and subsequently he was enlarged on bail.

6.

After submission of the charge sheet, the

learned Sessions Judge has taken cognizance of the

offence and issued process against the accused. The

accused appeared through his counsel and the

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prosecution

papers

were

furnished

to

him

as

contemplated under Section 207 of Cr.P.C. Then the

learned Sessions Judge has framed charge against the

accused for the offences punishable under section

20(b)(ii)(B) of NDPS Act. The same was read over and

explained to the accused. He pleaded not guilty. Then

the prosecution has examined in all seven witnesses

as PWs 1 to 7 and further the prosecution has also

relied five documents as per Exs.P1 to P5 and one

material object as per M.O.1.

7.

After completion of the evidence of the

prosecution, the statement of accused under Section

313 of Cr.P.C. is recorded to explain the incriminating

evidence appearing against him in the case of the

prosecution. The case of accused is of total denial and

he did not choose to lead any oral or documentary

evidence in support of his defence.

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8.

After having heard the arguments and after

appreciating the oral and documentary evidence

placed on record, the learned Sessions Judge has

convicted the accused for the offence under Section

20(b)(ii)(B) of NDPS Act and sentenced him to

undergo imprisonment for a period of two months with

fine of Rs.2,000/- with default clause.

9.

Being

aggrieved

by

the

judgment

of

conviction and order of sentence, the accused has

filed Criminal Appeal No.369/2011 to set aside the

judgment of conviction and order of sentence, while

the State h