K P SALEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the first accused in S.C. 3/1998 tried by the Special Judge for trial of the N. D. P. S. Act cases, Vadakara. He challenges the conviction entered against him for the offence under S.21 of the N. D. P. S Act and sentence of rigorous imprisonment for 10 years and fine of Rs. 1,00,000/- (in default simple imprisonment for six months) imposed therefor.

(2.) The prosecution alleged that at about 3.30 p.m. on 17.3.1997 the appellant and the second accused involved in the aforesaid case, who was acquitted by the Trial Court, were found entering a latrine situated on the western side of the old State Bank building at Koduvally. They closed the door behind them. Feeling suspicious of their movements, some persons of the locality peeped in through the door and found that the accused were engaged in treating something in a steel vessel and also drawing out something out of it through a syringe. Some articles like cigar lighter, lead papers, plastic bottles and scissor were also found around the accused besides a candle, which was burning. The two accused were nabbed by the people and taken to the office of the Circle Inspector of Police. On being convinced that the accused were engaged in processing brown sugar and after recording the statement of PW 3, who was one of the persons, who had caught the accused red handed and taken them to the police station, the articles produced by the said persons were seized. Thereafter, the Circle Inspector of Police appraised the accused of their right under S.50 of the N. D. P. S. Act and on getting a negative reply from the accused, proceeded to search their body. Though nothing could be found on the body of the second accused, two packets were found in the pocket of the underwear worn by the first accused. One of them weighing 1.38 gms was found to contain brown sugar, the weight of which was ascertained as 550 mgms. The accused were arrested, taken to the police station, case registered, investigation proceeded with and ultimately charge sheeted.

(3.) The Trial Court accepted the prosecution evidence and found that the first accused was guilty of the offence. The conviction and sentence followed. The Court, however, acquitted the 2nd accused as nothing was seized from him during the body search made by PW 4.