KALAYATH NASSAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Unfortunately we had to proceed with this appeal without the help of arguments of the learned counsel for the appellant as he has not turned up and there is nobody to represent him. But we found that appellant is languishing in jail and he had already covered substantial portion of the sentence of imprisonment imposed on him. If we adjourn this case further to another date it would be only to the detriment of the interest of the appellant. So, we heard learned counsel for the respondent - State of Kerala who assisted us with the facts of this case also. We went through the various aspects concerning this case.

(2.) Before the trial Court there were 3 accused including the present appellant. All the 3 were indicted for an offence under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). The trial Court acquitted the 3rd accused and convicted the other two of the said offence and sentenced both of them to undergo imprisonment for 10 years and to pay fine of Rs. 1,00,000/- each. Those convicted persons preferred an appeal before the High Court. A single Judge of the High Court allowed the appeal filed by the 2nd accused and acquitted him but confirmed the conviction and sentence the appellant. Hence this appeal by special leave.

(3.) The facts lie in a narrow compass. P.W. 1, Circle Inspector Police received information that certain persons were on the move in an auto-rickshaw carrying brown sugar. He therefore, went in search of the auto-rickshaw and came across the same. He stopped the vehicle and found the appellant and two other persons sitting on the seat. When appellant was searched he was found carrying a bag in which 300 grams of brown sugar had been detected. Two other bags kept close to him were also seized and those bags also contained brown sugar. Further facts of the case are not necessary for disposal of this appeal.