MUHAMMED JABIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is a person hailing from Hassan District in Karnataka. He was accused of possessing 250 grams of Methylenedioxy-Methamphetamine(MDMA), intended for sale. He was tried for committing an offence punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and convicted and sentenced thereunder.

(2.) The prosecution case, in brief, is as follows: On 05.10.2018, at 08.10 hours, T.K.Midhun (PW4), the Sub Inspector of Vanchiyoor police station, got reliable information that a person was standing near Pettah Railway Hospital with a plastic cover containing narcotic drug. PW4 informed the matter to the Inspector of Police and entered the information received by him in the general diary and proceeded to the spot with police party. When he reached the spot at 08.30 hours, he saw the appellant standing at the side of the road with a plastic cover in his hand. On seeing the police party, the appellant started to leave the place but PW4 obstructed him. PW4 told the appellant that his body had to be searched and he had the right to demand the presence of a gazetted officer or a Magistrate for that purpose. The appellant demanded the presence of a gazetted officer. PW4 obtained the presence of the Excise Circle Inspector (PW8) and conducted search of the body of the appellant. No contraband article was found on conducting search of the body of the appellant but a mobile phone, some money and documents were found. Thereafter, PW4 inspected the plastic cover which was held by the appellant. There was a polythene cover inside the plastic cover and it contained a white coloured substance. At the request of PW4, an Assistant Sub Inspector from the Police Control Room reached the spot with a narcotic drugs detection kit. He examined the substance and opined that it was MDMA. PW4 arrested the appellant at 09.35 hours. After ascertaining the weight of the contraband substance as 250 grams, PW4 packed and sealed it and seized it as per Ext.P7 mahazar.

(3.) On returning to the police station with the appellant and the material objects, PW4 registered Ext.P15 first information report in the matter. The initial investigation of the case was conducted by PW15 Inspector of Police and further investigation was conducted by PW17 Assistant Commissioner of Police. After completing the investigation, PW19 Assistant Commissioner of Police filed final report against the appellant/accused for the offences punishable under Sections 22(c) and 29 of the Act. The appellant figured as the first accused and another person figured as the second accused in the final report in which it was alleged that the second accused was the person who entrusted the psychotropic substance with the appellant for sale.