VALSALA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, a lady by name Smt. Valsala was convicted by the learned Sessions Judge. Thiruvananthapuram under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short) and sentenced to 10 years R.I. and to pay a fine of Rs. one lakh. in default of payment of which to further undergo R.I. for one year. The appeal preferred by her was dismissed by the High Court.

(2.) On 3-10-1987 in the evening at about 5.45 p.m. PW 6 Police Sub-Inspector, Officer-in-charge of Police Station Thiruvananthapuram saw the appellant sitting under a tree near Sabudra Hotel on the eastern side of the Beach. She was having a packet by her side. The police party became suspicious and they examined the packet and found it to be a powder. Suspecting it to be Brown Sugar, they seized the same and also a balance and weights PW 6 got it weighed by a goldsmith and it weighed about 31 grams and 100 miligrams. The mahazar Ex.P. 2 was prepared in the presence of PWs 1 and 3 and F.I.R. was lodged and subsequently a charge-sheet was laid. The article seized was sent to the Chemical Examiner, who examined the same and found it to be Brown Sugar. Accordingly a report was given. The accused denied the offence.

(3.) One of the main contentions before both the courts below was that there was inordinate delay in sending the seized article to the Magistrate and that there is no evidence worth mentioning whether the article seized was sealed and if so when. Therefore, according to the learned counsel for the appellant, it is highly doubtful whether the very article seized was sent to the Chemical Examiner.