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Judgment
K. Sreedhar Rao, J.—A.1 and A. 2 are convicted for committing offence punishable u/s 20(b)(i) of the N.D.P.S. Act.
The facts of the prosecution disclose that P.W.5 along with his staff on credible information of transportation of the ganja came to the bus stand at Ramdurg at 12-2-97 at 1 p.m. A.1 was apprehended. From his possession 1 Kg of ganja is seized. A.1 informs P.W.8 that he purchased ganja from A.2 for the purpose of sale. P.W.8 along with panchas and staff proceeded to the shop of A.2. 7 Kgs of ganja is seized from the shop. Mahazars are prepared at the spot regarding the seizure of ganja from A.1 and A.2 duly witnessed by the independent panchas.
The facts stated in the charge sheet disclose that the possession of ganja by A.1 and A.2 are different and distinct offences with no inter-se relationship to constitute same transaction. The investigation agency has imprudently filed a common final report in respect of A.1 and A.2 and joint trial is held in violation of provisions of Section 219 Cr.P.C. It is a case where two separate charge sheets should have been filed against each of the accused. The joint trial may be bad in law but there is no material on record to show that the accused are prejudiced by such joint trial resulting in any miscarriage of justice. Therefore u/s 465 of Cr.P.C. the error if any is merely a condonable irregularity. The trial judges should however be more careful while framing charge to avoid an illegal joint trial.
P.W.5 the panch witness supports the seizure of ganja from A.I. P.W. 3 is the Medical Officer accompanies the raid party and testifies to the fact of seizure of ganja from A.1 and as well from the shop of A.2. In view of the above material the conviction of A.1 and A.2 is sound and proper for an offence u/s 20(b)(i) of the N.D.P.S. Act.
The quantity seized from A.1 is a small quantity (about one kg.) The maximum punishment prescribed is only six months under the amended provision. Therefore taking a lenient view in the matter, A.1 is sentenced to R.I. for a period of one month.
The sentence imposed on A.2 is confirmed.
A.1 and A.2 are entitled to set off u/s 428 Cr.P.C.
The Registry is directed to send the copy of the judgement to the concerned trial judge for future guidance.