STATE OF KERALA Vs. ARUN VALENCHARY

JUDGEMENT

(1.) This case was referred to us by a learned single Judge of this Court regarding the interpretation of S. 293 of the Criminal Procedure Code in the light of the judgment of the Apex Court in State of Rajasthan v. Doulat Ram, AIR 1980 SC 1314 : (1980 Cri LJ 929). We will deal with the referred question after considering the facts and merits of the case.

(2.) The State questions the acquittal of the accused in C.C. No. 39 of 1997, who was charge sheeted for offence punishable under S. 22 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'). The accused in the case was a practicing lawyer and was a junior to Advocate Sri V.V.N. Menon whose office was housed at the relevant time in room No. 301 of Queen Mary Hotel, Ernakulam, which was adjacent to the High Court. According to the prosecution, the accused was found in unauthorised possession of Deprenorphine Tidigesic injection ampoules 97 in number in 2 ml. ampoules at about 6-30 p.m. on 6-10-1996 in room No. 301 situated in the third floor of Queen Mary Hotel which was located at the junction whereat Shanmugham road joins Banerji road in Ernakulam Villege. It was also alleged that the accused was found in unauthorised possession of Tidigesic injection ampoules 2275 in number in 2 ml. ampoules and Phenergan injection ampoules 65 in number in 2 ml. ampoules at about 8 p.m. on 7-10-1996 in the north-eastern room of the house bearing No. C.C.50/100(C) situated at Ponekkara in Edappally North Village under his occupation. It is the case of the prosecution that the ampoules were meant for sale and accordingly the accused has committed an offence punishable under S. 22 of the NDPS Act.

(3.) PW. 15 who detected the offence and seized the contraband articles deposed that when he questioned one Richard, accused in Crime No. 387 of 1996 of the Central Police Station, Ernakulam, it was gathered that he purchased the psychotropic substance from the accused who was staying in Queen Mary Hotel. Accordingly, PW. 15 and other officials came to room No. 301 of Queen Mary Hotal at about 6.20 p.m. and the contraband articles were recovered. During investigation they also found that the accused was in occupation of a room of building No.50/100(C) of Cochin Corporation situated at Ponekkara owned by one Mariam Beevi. Therefore, that place was also searched and seized the contraband articles. It is the case of the accused that he never committed any offence as alleged and on the other hand to wreak vengeance as against him a false case has been foisted by the concerned officials. Apart from the recovered articles, to prove the case, PWs. 1 to 15 were examined.