ALL Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals arise from and the same judgment passed by the Special Judge for trial of Narcotic Drugs and Psychotropic Substances Act cases, Vadakara in S.C. No. 32/97. The two appellants are accused 1 and 2 respectively in the aforesaid case involving offence under S. 21 of the N.D.P.S. Act.

(2.) The prosecution alleged that at about 5.30 p.m. on 5-7-1996 PW. 7 Sub-Inspector of Panniyankara Police Station received information that a person dressed in white shirt and dhoti and another person in brown pants and striped shirt and aged about 30-35 years were engaged in the sale of brown sugar near Meenchanda Railway Gate at Kozhikode. After recording the information and sending a report to the Circle Inspector of Police who is the Official Superior he proceeded to the spot long with other policemen. On the way, they also took PW-3 and PW-6, two independent witnesses along with them. On reaching the portion near the northern side of the Railway Gate, Meenchanda, the two accused were spotted standing in front of the "Appu's Hotel". On seeing the Police, they tried to slip away; but they were stopped and questioned.

(3.) It is the prosecution case that to the question put by P. W. 7 as to the option of the accused with regard to the proposed search both answered in the negative and that thereupon body search was effected. On searching the body of the 1st accused M.O.3 towel was found on his hand. When that was opened, a polythene cover which in turn contained six small polythene packets of brown sugar (M.O.I) was detected. Similar search on the body of the 2nd accused showed that at the waist fold of the dhoti worn by him a polythene packet covered with newspaper and containing brown sugar (M.O.2) was available. After preparing necessary seizure mahazar, the contraband and the accused were removed to the Police Station and Crime No. 76/96 was registered vide Ext.P-8 FIR. The Circle Inspector of Police P.W. 8 took over the investigation and ultimately charge was laid by P.W. 5.