SULAIMAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the appeal is with regard to the conviction entered against the appellant, who was accused in S.C. No. 53 of 1998 of the Special Court for trial of N.D.P.S. Cases, Trivandrum for offence under S.20(b)(i) of the N.D.P.S. Act and the sentence of R.I. for three years and fine of Rs. 10,000/- (in default to R.I. for six months) imposed therefor.

(2.) The prosecution alleged that the patrol party led by PW.3, who was the Circle Inspector of Excise, found the accused at about 5.50 p.m. near the junction where the market road and Manja road meet at Nedumangad and on finding the accused perplexed he was stopped and his body searched, which revealed that he was holding two packets of ganja in his right hand, besides another 18 packets kept underneath the underwear worn by him, the total weight of which was 55 grams. The evidence adduced by the prosecution found acceptance by the Trial Court.

(3.) Learned counsel for the appellant submitted that the conviction cannot stand as the search and seizure were held in violation of the mandatory provisions in S.50 of the N.D.P.S. Act.