K MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this case the appellant stands convicted under Section 21 of the narcotic Drugs and Psychotropic Substances Act (for short "the Act"). He was also convicted under Section 31 of the Act on the premise that he had a previous conviction of an offence under the Act. Therefore, the trial court awarded enhanced sentence of rigorous imprisonment for 16 years and a fine of Rs 2 lakhs. Though the High Court confirmed the conviction under both counts the Division Bench of the High Court reduced the sentence of rigorous imprisonment to 10 years and six months and a fine of Rs 1 lakh.

(2.) As we examined Section 31 of the Act we felt that the Court has no jurisdiction to reduce the sentence below a period of 15 years so far as the jail term is concerned. Accordingly, we issued a notice to the appellant as to why the sentence shall not be raised to the aforesaid minimum in case we choose to confirm the conviction under Section 31 of the Act.

(3.) Now, we heard the arguments on merits. The case against him, in short, is that PW 1 Sub-Inspector of Police, District Crime Investigation bureau (Calicut City) intercepted the appellant at 4.15 p. m. on 24-9-1990 and conducted a search on his person and recovered a packet from the folder of his loincloth. That packet contained four small packets of brown sugar, total of which weighed 4150 mg.