BAVA.V Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment dated 29.7.2008 in S.C.No.29 of 2007 on the file of the Special Judge (NDPS Act cases), Vadakara. The above case is chargesheeted by the Excise Inspector, Excise Enforcement and Anti Narcotic Special Squad, Kozhikode against the appellant alleging the offence punishable under Sections 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter mentioned as ' NDPS Act ').

(2.) The prosecution case is that on 25.6.2003 at 11 pm, the appellant was found in possession of 1300 grams of ganja in a plastic bag. The excise party seized the article and consequently the case is registered.

(3.) To substantiate the case, the prosecution examined PW1 to PW6. Exhibits marked by the prosecution are Exts.P1 to P13. MO1 to MO3 are the material objects. After trial, the appellant was convicted and sentenced under Section 20(b)(ii)(B) of NDPS Act and directed him to undergo Rigorous Imprisonment for three years and to pay fine of Rs.10,000/-. In default of payment of fine, he is directed to undergo Rigorous Imprisonment for six months.