LAWS(KER)-2001-1-16

ABDU RAI Vs. STATE OF KERALA

Decided On January 23, 2001
ABDU RAI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant herein stands convicted by the Special Court for trial of NDPS Act Cases, Kozhikode, for the offence punishable under S.20(b)(i) of the NDPS Act. He was also sentenced to undergo rigorous imprisonment for a period of 2 years and to pay a fine of Rs. 10,000/- (in default, rigorous imprisonment for one year).

(2.) Sri James Mathew, who appeared for the appellant as State Brief, has submitted, at the outset, that the appellant has already suffered the full term imposed by the Trial Court and that he would, nevertheless, argue the case on the merits.

(3.) The learned counsel highlighted three aspects. According to him, (1) the conviction has to fail for non compliance with the mandatory provision of S.42 of the NDPS Act. (2) There is violation of S.50 of the NDPS Act and as such, the accused is entitled to be acquitted. (3) There is no satisfactory evidence to find that the accused has been properly identified.