ASKAF Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) These appeals are filed by the first and the second accused in Sessions Case No. 70 of 2012 on the file of the Court of the Special Judge (NDPS Act Cases), Vatakara.

(2.) The appellants/accused stand convicted for the offences punishable under Sections 22(b), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). The trial court has sentenced them to undergo rigorous imprisonment for a period of eight years each and to pay a fine of Rs.1,00,000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of one year each for the offence under Section 22(b) of the Act, to undergo rigorous imprisonment for a period of eighteen years each and to pay a fine of Rs.2,00,000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of two years each for the offence under Section 22(c) of the Act and to undergo rigorous imprisonment for a period of eighteen years each and to pay a fine of Rs.2,00,000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of two years each for the offence under Section 29 of the Act, with a direction that the substantive sentences of imprisonment shall run concurrently.

(3.) The prosecution case is that, on 22.12.2011, at about 11.45 hours, while the two accused were travelling on the motorcyle KL-12-8304, the Sub Inspector of Sulthan Bathery police station intercepted the motorcycle and conducted search of the body of the accused and found that the first accused was carrying with him 30 ampoules of Diazepam injection ID Empose and the second accused was carrying with him 100 ampoules of injection IP Empose and 120 ampoules of injection IP Lupiesic. The Sub Inspector arrested the accused and seized the motor cycle and the materials after complying with the formalities.