The conviction was overturned due to failure to follow mandatory search procedures under the NDPS Act, demonstrating the importance of lawful enforcement in drug-related cases.

ORAL JUDGMENT

This appeal is directed against the judgment of conviction and order of sentence dated 16^th January 2013 passed in Spl.Case (NDPS) No.9/2007 by the Sessions Judge, Kodagu at Madikeri.

2. Before the trial Court, there were two accused. Both were convicted and sentenced. But, it is only accused no.1 who has preferred this appeal.

3. Parties to this appeal are referred to as per their rank before the trial Court for convenience.

4. The accused were charge-sheeted by the Sub- Inspector of Police, Siddapura Police Station for the offences punishable under Section 8 -C read with Section 20 -B of NDPS Act and Section 120-B of IPC.

5. The factual matrix as per the case of the prosecution are as under:

That on 31.05.2007, at about 10.00 a.m., the complainant PW.1 P.P.Santhosh, the then PSI of Siddapura Police Station received an anonymous information through his telephone, stating that, in a shop adjoining the lodge by name `Karavali(Kaveri) Lodge' on the way to Karadigoodu from Siddapura, there are activities of selling the `ganja' illegally. Therefore, along with his staff and Gazetted Officer, Dr.A.B.Thammaiah with two panchas by name Aknooru Prabhakara and P.Thiruma alias Raja went to the said place at about 12.30 p.m. He checked the shop and noticed, that in the drawer of the table, there were 58 packets of ganja weighing 5 grams each. Accused no.2 was present in the shop and he informed that the said packets are kept for sale. A notice was served on him and a search was conducted on his person. It is noticed that, in his right pant pocket, there were four ganja packets each weighing 5 grams. The accused no.2 was not having permit to possess or sell the said ganja packets. On enquiry, it was revealed by him that, it was accused no.1 used to supply the said ganja packets for the purpose of sale. It is further stated that, within a short time, accused no.1 also came there and accused no.2 showed accused no.1 stating that, it is accused no.1 who supplied the said ganja packets.

6. On search of accused no.1, it is noticed that, there were dry leaves of ganja, sticks and seeds. On weighing the same, a packet was containing 1 kg. 200 grams of ganja. Accused no.1 was not having any permit to possess and sell the same. Therefore, PSI Siddapura Police Station prepared the panchanama, apprehended the accused and brought them to the police station along with the panchanama. Based upon that, he registered the crime in crime No.64/2007 of his police station. On completion of investigation, he filed the charge sheet against the accused for the aforesaid offences.

7. During the crime stage itself, the present accused/appellant was enlarged on bail. Copies of police papers were furnished to him as contemplated under Section 207 of Cr.PC. Charges were framed against the accused persons for the aforesaid offences, for which, they pleaded not guilty and claimed to be tried.

8. To prove the case of the prosecution, eight witnesses were examined in the shape of PWs.1 to 8, got marked Exs.P1 to P11 and MOs nos.1 to 8. Thereafter, accused were questioned under Section 313 of Cr.PC so as to enable them to answer the incriminating circumstances appearing in the evidence of prosecution. They denied their complicity in the crime and did not choose to lead any defence evidence. However, through PW.6 Ex.D1 to D5 were marked on behalf of the defence.

9. The learned trial Court on hearing the arguments and on evaluation of the evidence found both the accused guilty of committing offence under Section 8 -C read with Section 20 -B of NDPS Act and sentenced them as under:

"A-1 is sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs.50,0