ASIF Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in the case S.C.No.7/2016 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara.

(2.) The appellant stands convicted and sentenced by the trial court for committing an offence punishable under Section 21(b) read with 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(3.) The prosecution case, in brief, is as follows: On 24.03.2015, at about 20:20 hours, the Excise Inspector of Malappuram Excise Intelligence and Investigation Bureau and the excise party with him reached the Kuttippuram Excise Range Office and gave information to PW2 Excise Inspector that there was possibility of two persons coming with brown sugar on the motor cycle KL-54E/2722 through the National Highway from Valancherry to Thrissur. On getting such information, PW2 Excise Inspector and the excise party with him reached the road near Kuttippuram railway overbridge and they began checking of vehicles. At about 20:30 hours, the excise party saw the motor cycle KL-54E/2722 coming through the road. PW2 gave signal to stop the motor cycle. However, the motor cycle was not stopped there. PW2 and the excise party followed the motor cycle in their jeep and obstructed it at the road in front of Regal Jewellery at Edappal. The first accused was the rider and the second accused was the pillion rider of the motor cycle. The first accused told PW2 that there was brown sugar in the tool box of the motor cycle. The first accused opened the tool box with the engine key and took out a packet from it and gave it to PW2. PW2 opened the packet. There was a polythene cover in it. There were 150 small packets inside the polythene cover. PW2 opened one of the small packets and examined its contents and he was satisfied that it was brown sugar. PW2 opened all packets and put their contents in a white paper and weighed it and it was found that the total weight of the brown sugar was 13 grams. Thereafter, PW2 told the accused that their body had to be searched and they had the right to get the presence of a gazetted officer or a Magistrate for that purpose. The accused told PW2 that it was not necessary to do so and that he could conduct search of their body. PW2 obtained consent letter from the accused to that effect. On conducting search of the body of the two accused, no contraband substance was found. PW2 arrested both accused. He took five grams each of brown sugar in two polythene covers as samples and sealed them. He also sealed the remaining brown sugar and affixed label bearing his signature and also the signature of the witnesses and the accused on the sample packets and the packet containing the residue. He seized the articles as per Ext.P7 mahazar.