USMAN @ UDMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the second accused in Crime No.439/2002 of Pattambi Police Station for offence punishable under sections 20(b) (ii) (A) of the N.D.P.S.Act, who had faced the trial before the Sessions Court, Palakkad in SC.No.432/2003. He was found guilty, convicted and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs.7500/- (Rupees seven thousand five hundred only) and in default of payment of the fine, to undergo rigorous imprisonment for one month.

(2.) The prosecution case is that on 22.10.2002, at about 10.35 am., the first accused was found in possession of 510 gms of ganja. After initial formalities, ganja was recovered from his possession, Alleging that, it was intended for sale, he was arrested. He disclosed that the second accused had handed over the ganja. The police party took him to the house of the second accused, from where he was intercepted. He was found carrying a carry bag containing 220 gms of ganja, cash and mobile phone. He was also arrested. After investigation, final report was laid and accused faced trial before the Sessions Court, Palakkad. In the meanwhile, first accused died and the appellant herein alone faced the trial. On pleading not guilty, prosecution examined PW1 to PW5 and marked Exts.P1 to P15. MO1 to MO6 were identified. There was no defence evidence. However, Exts.D1 and D2 were marked on the side of the accused. The court below, on an evaluation of the materials placed before it, found the accused guilty, convicted and sentenced the appellant to undergo rigorous imprisonment for three months and to pay fine. The conviction and sentence is under challenge in the present proceedings.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor. Examined the records.