P P BEERAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant stands convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the N-D-P-S- Act') and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00, 000 /- and in default of payment of fine amount he has to undergo a simple imprisonment for a further period of 3 months. He filed an appeal before the High Court. A learned single Judge of the High Court confirmed the conviction and sentence and dismissed the appeal.

(3.) The case alleged against him shows that he was found in possession of 23.5 grams of opium at the time when he was intercepted and searched by PW2, sub-inspector of police. We have noticed that two witnesses were called by PW2 at the time of search out of whom one was examined as PW1 and the other was not examined. But even the one examined (PW1) did not support the prosecution and hence he was treated as hostile. Though an argument was addressed by Mr. R. Venkataramani, learned senior counsel for the appellant that the evidence of PW2, sub-inspector of police remained uncorroborated, and therefore, that should not be made the sole basis for conviction, it is too late in the day for us to reject the testimony of PW2 on that ground alone. Even otherwise, it cannot be said that evidence of PW2 remains uncorroborated because the fact that opium was recovered from his person and also Exhibit P2 which is an endorsement containing the signature of the appellant could be treated as circumstances corroborating the testimony of PW2.