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2024 Supreme(Online)(TEL) 12684

HIGH COURT OF TELANGANA
K.SURENDER, J
KADAVATH KISHAN NAIK AND ANOTHER – Appellant
Versus
THE STATE OF A.P – Respondent


COMMON JUDGMENT:

1. Criminal Appeal No.943 of 2012 is filed by A1, A2 and A8; Criminal Appeal No.972 of 2012 is filed by A3 to A5; Criminal Appeal No.999 of 2012 is filed by A6 and A7, questioning the conviction recorded by the Metropolitan Sessions Judge, Cyberabad, in S.C.No.37 of 2010, dated 17.09.2012, for the offence under Section 8(c) r/w.20 (b)(ii)(c) of the NDPS Act, 1985, and sentencing A1 to undergo Rigorous Imprisonment of 20 years and to pay a fine of Rs.1 lakh; Accused Nos.2 to A8 to undergo Rigorous Imprisonment of 10 years and to pay a fine of Rs.1 lakh each.

2. Heard the learned counsel for appellants and the learned Assistant Public Prosecutor.

3. The case of the prosecution is that PW3 received credible information regarding illegal possession and transportation of ganja in the premises of Plot No.1, C.R.Enclave Colony, Mansoorabad. According to the information A1 and A2 and others were indulging in illegal acts of storing and transporting ganja. PW3 took permission from the Prohibition and Excise Superintendent who is his superior, to conduct raid of the premises and seize contraband if any. Accordingly, PW3 along with other staff including PW1 - mediator went to t

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