T T HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was found guilty by the Special Judge, Vadakara for the offence punishable under Section 21 of NDPS Act and was sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs.1 lakh, in default R. I. for one year. He challenged his conviction and sentence and this appeal was rejected by the High Court. Aggrieved by the same the present appeal.

(2.) The prosecution case was that on 24-1-1997 P. W. 1, who is Circle Inspector of Police, Nadakkavu, found the appellant on a public road on the western side of Beach Hospital. PW-1 Circle Inspector had prior information about the sale of brown sugar by some persons in the Beach Road and he recorded that statement and went to that place. P.Ws. 2 and 3 were also present along with PW-1. When this police party went there, the appellant was standing on a foot path and PW-1 questioned him and told that he suspected that the appellant must have been carrying some narcotic drug. PW-1 told the appellant that he has got right to demand the presence of a Magistrate when his body being searched. The appellant replied there is no such necessity of the presence of the Magistrate. PW-1 recorded that statement in Ext. P-1 seizure mahazar and in the presence of two witnesses the appellant was searched and 3.700 grams of brown sugar was recovered from the left shirt sleeve of the appellant. The sample taken from the seized article was sent for chemical analysis and it was proved to be brown sugar.

(3.) The appellant had contended before the Special Judge as well as the High Court that there was violation of Section 50 of NDPS Act. This plea was rejected and the appellant was accordingly convicted for the offence charged.