KAJA HUSSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused in the case S.C.No.7/2018 on the file of the Additional Sessions Court-II, Palakkad.

(2.) The appellant stands convicted and sentenced for committing an offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(3.) The prosecution case, in short, is as follows: On 23.10.2017, the Circle Inspector of Police (PW2), Ottappalam was conducting patrolling duty with police party. At about 16.15 hours, when he reached the place Erakottiri, he saw the accused coming by riding the scooter bearing registration number KL-52E-0164. A sack was seen placed on the platform between the handle and the seat of the scooter. PW2 intercepted the scooter and questioned the accused with regard to the contents of the sack. The accused answered that the sack contained cow dung powder. On suspicion, PW2 got the sack opened by the accused in the presence of witnesses. The sack contained nine brown colour paper packets. PW2 got the packets also opened by the accused. The packets contained ganja. PW2 arrested the accused at 16.30 hours. He conducted search of the body of the accused after complying with necessary formalities. No contraband substance was found on searching the body of the accused. PW2 put the entire ganja in a plastic sack and weighed it by using an electronic weighing machine.It had a weight of 20.190 kilograms. PW2 took three samples from the ganja, each sample weighing 25 grams and packed and sealed the sample packets. He prepared Ext.P1 mahazar and seized all the articles. He returned to the Ottappalam police station and registered Ext.P6 F.I.R.