Case Note & Summary
The case involves a Criminal Revision Petition filed by the accused (Lakshmana Reddy and Venkatarao) and a Criminal Appeal filed by the State of Karnataka against the judgment of the Principal Sessions Judge, Bellary, dated 06.09.2013 in Criminal Appeal No. 138/2012, which confirmed the conviction of the accused under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of 5 kgs of ganja. The accused were sentenced to rigorous imprisonment for 3 years and a fine of Rs. 50,000/- each, with default sentence. The facts are that on 24.08.2011, police intercepted a vehicle near Raravi village and recovered 5 kgs of ganja from the possession of the accused. The trial court convicted them, and the appellate court confirmed the conviction. The accused filed a revision challenging the conviction, while the State sought enhancement of sentence. The High Court dismissed both the revision and the appeal. The court held that the search was of a vehicle, not a person, so compliance with Section 50 of the NDPS Act was not required. The court also found that the prosecution had proved conscious possession beyond reasonable doubt. The sentence was found to be adequate and not requiring enhancement.
Headnote
A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 - Personal Search vs. Vehicle Search - Compliance with Section 50 is mandatory only when search is of a person, not when search is of a vehicle or baggage under Section 43 - The court held that the search of a vehicle does not require compliance with Section 50, and the conviction based on recovery from a vehicle is valid (Paras 10-12). B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20(b)(ii)(B) - Possession of Ganja - Conviction - The prosecution proved that the accused were in conscious possession of 5 kgs of ganja recovered from a vehicle - The court upheld the conviction and sentence of rigorous imprisonment for 3 years and fine of Rs. 50,000/- (Paras 13-15). C) Criminal Procedure Code, 1973 - Section 397 r/w 401 - Revision - Scope - The revisional court cannot re-appreciate evidence unless there is perversity - The court found no perversity in the concurrent findings of the courts below (Para 16).
Issue of Consideration
Whether the conviction of the accused for possession of 5 kgs of ganja under Section 20(b)(ii)(B) of the NDPS Act is sustainable and whether the sentence requires enhancement.
Final Decision
Both the Criminal Revision Petition and the Criminal Appeal are dismissed. The conviction and sentence of 3 years RI and fine of Rs. 50,000/- each are confirmed.
Law Points
- Section 50 of NDPS Act applies only to personal search
- not vehicle search
- Section 20(b)(ii)(B) of NDPS Act
- Section 43 of NDPS Act
- Section 397 r/w 401 Cr.P.C.
