REJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the first and the second accused in the case S.C.No.499/2013 on the file of the Additional Sessions Court-V, Kollam.

(2.) The appellants stand convicted and sentenced for committing an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(3.) The prosecution case is as follows: On 18.09.2009, at about 21.30 hours, PW1, who was the Excise Inspector of Chadayamangalam Excise Range, was conducting inspection of vehicles at the road in front of Spring Valley Baptist Church near Chunkathara Junction in Kottarakkara. The excise party gave signal to the autorickshaw bearing Reg.No.KL-24-B 537 to stop and the vehicle was stopped. The second accused was the driver of the autorickshaw. Accused 1, 3 and 4 were travelling in that vehicle. When the excise party reached near the vehicle, the third and the fourth accused, who were travelling in the autorickshaw, got down from the vehicle and ran away and escaped. While escaping from the place, the third accused abandoned the bag which he was carrying. There was a suitcase on the lap of the first accused who remained inside the autorickshaw. There was also a bag below the seat of the driver of the autorickshaw. After complying with necessary formalities, the Excise Inspector examined the suitcase which was found in the possession of the first accused. The search was conducted by him in the presence of the Excise Circle Inspector (PW5), who had reached there at the request of the Excise Inspector. The suitcase contained 11.800 kgs of ganja. The bag, which was found below the driver's seat, contained two kilograms of ganja. The bag abandoned by the third accused contained 9.200 kgs of ganja. The Excise Inspector arrested the first and the second accused at the spot. He took samples of the ganja from the suitcase and the two bags and seized the ganja and the samples and other articles as per Ext.P1 mahazar prepared by him at the spot.