HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS seems to be a very unfortunate case in which the appellant by his fatality had languished in jail already for a long period of 5 years, when as a matter of 3aw he should have been moving about as a free citizen. Appellant in this case was charged by the Sessions Court with an offence under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). He was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000. He filed an appeal before the High Court and a learned single Judge who heard the appeal confirmed the conviction and sentence and dismissed his appeal. He filed this appeal by special leave from jail.

(2.) THE misfortune hovering around him continued to persist as the counsel appointed as amicus curiae to argue for him did not turn up and we had to remove him as A.C. We appointed another counsel (Mr. Bimal Roy Jad) as amicus curiae. On 11,8.1999 we heard him and the learned counsel for the State in detail and reserved the Judgment. THEreafter we felt that the appeal should be re-heard as certain new features have emerged while contemplating the factual position in this case. We, therefore, re-posted the matter. Today we are assisted by Shri Altaf Ahmad, learned Additional Solicitor General who argued for the State of Kerala, though Mr. Bimal Roy Jad has not turned up to argue for the appellant, nor did he made any representation.

(3.) NO attempt has been made to show that "Buprenorphine tidigesic" would fall within the 1st limb of the definition: As no notification published by the Central Government in the Official Gazette has been brought to the notice of the Court there is no question of considering whether said article would fall within the 2nd limb of the definition. So, the prosecution has totally failed to prove that the substance was a manufactured drug falling within the aforesaid definition.