MOIDEEN KOYA Vs. STATE

JUDGEMENT

(1.) This is an appeal filed by the 1st accused in Sessions Case No. 110 of 1989 on the file of the 1st Addl. Asst. Sessions Judge, Kozhikode. The appellant 1st accused was found guilty of offence punishable under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh and in default of payment of fine he was directed to undergo R.I. for a further period of 2 years.

(2.) The prosecution case is that on 24-10-1987 at about 5.45 p.m. PW 1, the Circle Inspector of Police, Kozhikode Town Police Station was proceeding in a jeep in the company of two police constables. When the jeep reached near the post office at the South Beach Road, PW 1 saw two persons talking to each other. One of them was carrying a plastic bag. As the jeep went near them the person who was carrying the plastic bag entrusted the same to the other person and tried to run away, PW1 the vehicle immediately and alighted from the jeep and pursued the person who was funning away. According to prosecution, he was the 2nd accused. The person who received the bag from the 2nd accused is the 1st accused When PW 1 looked for other person the 1st accused too tried to run away from the place but he was overpowered and caught. The bag was recovered from him and on searching the contents of the it was found that there were 74 packets, each containing 45 mgms of brown sugar. The bag contained a cover wherein the name of the 2nd accused was written. An aluminium spoon, 2 candles, one wills cigarette, paper pieces, a few coins etc. were found in the bag. PW 1 prepared Ext. P1 mahazar and seized the articles. Ext. P1 was got attested by two witnesses including PW 3 Kareem.

(3.) A case was registered against the present appellant and second accused Mothi and after investigation final charge-sheet was laid. On the side of the prosecution 6 witnesses were examined. The articles seized from the appellant were sent for chemical analysis and Ext. P6 is the report issued by the Chemical Analyst. The appellant-1st accused stated before the court below that he was innocent and he was falsely implicated in this case. The court below accepted the prosecution case partly and acquitted the 2nd accused and the 1st accused was convicted as aforesaid.