ASHKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in the case S.C.No.209/2015 on the file of the Additional Sessions Court-VI, Ernakulam.

(2.) The appellant stands convicted and sentenced for committing an offence punishable under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter referred to as 'the Act').

(3.) The prosecution case is as follows: On 18.02.2013, the Circle Inspector (PW1) of Excise Enforcement and Anti-narcotic Special Squad, Ernakulam, was conducting patrol duty with excise party. At about 13.00 hours, when he reached near the bus waiting shed at Chunangamvely Junction in Aluva-Perumbavoor road in Aluva East Village, he saw the accused sitting on a motor cycle which was parked on the side of the road. On seeing the vehicle of the excise party, the accused tried to start the motor cycle and to leave the place. PW1 obstructed the accused and questioned him. On suspicion, after complying with necessary formalities, PW1 conducted search of the body of the accused in the presence of the Excise Circle Inspector (PW3) of Aluva, who had reached there at his request. The accused was wearing a lungi. PW1 found a packet on the right fold of the lungi worn by the accused. The packet contained 35 ampoules, two millilitres each, of the psychotropic substance by name Buprenorphine. PW1 took samples from the contraband substance and prepared Ext.P6 mahazar and seized the articles and arrested the accused.