T HAMZA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal filed by the accused in Sessions Case No. 100/90 of the Court of Session, Kozhikode Division, is directed against the Judgment and order of conviction and sentence under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act'), and sentence of 10 years R.I. and a fine of Rs. 1 lakh, which was confirmed in appeal by the High Court of Kerala with slight modification regarding the default sentence which was reduced from 2 years to 1 year R.I.

(2.) The charge against the appellant was that on 18-7-1990 at 6.05 p.m. he was found in possession of 1750 milligram of brown sugar at AKG Memorial over-bridge at Francis Road in Nagaram, in violation of the provisions of the NDPS Act and thereby committed an offence punishable u/S. 21 of the NDPS Act.

(3.) The case of the prosecution, shortly stated is that the sub-inspector of police, Chemmangad Police Station, having received information that the accused was selling brown sugar went along with two constable P.W. 2 and C.W. 2 to the scene of occurrence. On searching the accused nine small polythene bags containing brown sugar were found in his possession. The articles were seized. The articles were found on weighing as 1750 milligram. After completing the procedural paraphernalia a sample was sent for chemical analysis. The sample which was sent for chemical analysis was found to be diacetyl morphine (Heroin) commonly known as brown sugar.