K P ABDULLATHEEF Vs. STATE OF KERALA

JUDGEMENT

(1.) We have heard counsel for the parties and we have perused the statement made in Ex. P-2 i. e. the panchnama or the seizure memo prepared after the offending substance was found on the person of the appellant-accused. The recital in that document shows that the offending substance, i. e. brown sugar, weighed 150 miligrams. The learned trial judge has referred to that statement in para 13 of the judgment and has observed that Ex. P-2 does not really show that all the packets together weighed only 150 miligrams, nor does it show that each packet weighed 150 gms. (sic mgs. ) If this is the state of that document the benefit of doubt should have gone to the accused. We are, therefore, of the opinion that the courts below were not justified in holding that each packet weighed 150 mgs. In this view of the matter we think, S. 27 of the NDPS Act, 1985 read with the central government's Notification s. O. 827 (E) dated 14/11/1985 applied. Appellant was, therefore, entitled to the benefit of S. 27. He has already undergone sentenceof approximately over three years. In these circumstances we allow this appeal on the limited question of sentence and hold that the sentence undergone by the appellant is sufficient. He will be released forthwith. The appeal is allowed accordingly.