RAJAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos. 2 and 3 in S.C.No. 111/96 tried by the Additional Special Court for trial of NDPS Act cases, Kottayam.

(2.) The prosecution alleged that based on prior information, House No. 431 in Ward No. 16 of Kottayam Municipality, which is within the area of Muttambalam Village, owned by the 3rd accused and occupied by accused Nos. 1 and 2 as building tenants was searched at about 4.30 p.m. on 10-10-1996 and 135 grams of dry ganja made into 201 small packets cancealed inside a wooden box which was kept near the northern wooden screen of the southern room of the said house was seized.

(3.) The learned Special Judge on appraisal of the evidence adduced by P.Ws. 1 to 5, D.W.1 and Exts. P1 to P7 and with reference of M.Os. 1 to 17 series, found that though the attempt on the part of the accused to show that the first accused was residing in the house of D.W.1 did not inspire confidence of the Court; there was nothing to show that the 1st accused was residing with accused Nos. 2 and 3 in the particular house either; that the evidence of P.W. 1 that the accused Nos. 2 and 3 were residing in one and the same house is beyond reproach; that there is also evidence of other witnesses that at the time of search, accused Nos. 2 and 3 were present in the southern room of the said house and that there is thus uncontroverted evidence to the effect that the contraband was seized from the southern room of the said house which was in the possession of the accused Nos. 2 and 3 jointly. In the absence of any evidence to show that the 1st accused was residing in the house, he was acquitted and accused Nos. 2 and 3, who are the appellants herein, were convicted and sentenced to undergo rigorous imprisonment for 2 years each and to pay a fine of Rs. 20,000/- (in default, rigorous imprisonment for one more year).