BECKODAN ABDUL RAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) For allegedly possessing 11 gms. of opium without licence, the appellant has been convicted under Section 9(c) read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). He has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and in default of payment of fine to suffer further rigorous imprisonment for six months. It is stated at the Bar that the appellant has already undergone sentence of about 8 years.

(2.) No-one has appeared for the appellant. From the memo of the appeal it is found that the conviction and sentence awarded to the appellant has been assailed mainly on the ground of violation of the provisions of Sections 42 and 50 of the Act. The learned counsel, appearing for the respondent-State has, however, contended that as there was substantive compliance of the provisions of the Act, no interference is called for.

(3.) According to the prosecution, the Sub-Inspector of Police received a telephonic message on 6-10-1990 at about 8.30 a.m. that narcotic drugs were being sold at T.C. Junction. He recorded the information in the general diary and proceeded to the scene of occurrence in a jeep. On reaching T. C. Junction at about 8.45 a.m. he saw the accused carelessly walking from the bus shelter towards Kathu Parambu side. Allegedly seeing him in suspicious condition, the Sub-Inspector along with his party approached him and after disclosing his identity searched the person of the accused in presence of witnesses. It was found that inside the fold of Dhoti, which the appellant was wearing, opium had been concealed in a polythene bag. As he was found unauthorisedly possessing the opium, he was arrested and the opium seized was weighed to be 11 gms. Out of that 2 gms. each were separated and two samples were roped in plastic paper. On enquiry from the accused whether he would like to meet any higher official or Gazetted officer, he allegedly replied in negative. Section 42 of the Act provides :