SUBASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge is with regard to the conviction entered by the Special Court for trial of Narcotic Drugs and Psychoropic Substances Act cases, Kollam for the offence under Section 20(b)(i) of the N.D.P.S. Act and the sentence of rigorous imprisonment for one year and fine of Rs. 10,000/- (in default rigorous imprisonment for three months) imposed therefor.

(2.) The appellant, who was the 1st accused, was tried along with 4 other accused. The case against the 2nd accused was split up. After trial, accused-Nos. 3, 4 and 5, who were the alleged persons in possession of ganja and available a the back seat of Auorickshaw driven by he appellant and who had escaped some time before the occurrence, were acquitted.

(3.) The prosecution version was that on 29-7-1995 PW-6 received telephonic information that ganja was being transported in an autorickshaw driven by the 1st accused from Vellarvattom to Chadaya-mangalam; that PW-6, who was the Police Sub Inspector, accompanied by Police Constables thereupon rushed to the place of occurrence; that at about 5.50 p.m. they saw the autorickshaw at a distance of about 100 metres and that on seeing the Police pary the driver stopped the autorickshaw, turned it back and proceeded in the reverse direction. The vehicle was stopped and at the time the 4 persons who were in the back seat, got down and escaped. On approaching the autorickshaw it was found that there was a gunny bag on the platform in front of the back seat. On quesioning, the appellant stated that the contents of the gunny bag was ganja. It was opened and after fulfilling other formalities like weighing and sampling, it was removed to the police station along with the arrested accused and the case proceeded with.