AHAMAD KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) Second accused is the appellant. Additional Sessions Judge, Kozhikode tried him along with the first accused in S.C. No. 145 of 1989 for offences punishable under sections 17 and 18 of the Narcotic Drugs and Psychotropic Substances, Act (the Act). First accused was convicted under both counts. Under each count, he was sentenced to undergo rigorous imprisonment for fifteen years and to pay a fine of Rs. 1,00,000/-, with a default, sentence of rigorous imprisonment for two more years each. Appellant was convicted under section 17 alone and the sentence awarded is rigorous imprisonment for ten years and fine of Rs. 1,00,000/-, with a default, sentence of rigorous imprisonment for two more years. First accused submitted to the conviction and sentence.

(2.) At about 4.20 p.m. on 21.4. 1989,near the Kozhikode beach, they were found sharing smoke of goly containing opium using a coconut shell and tubes. First accused was also found possessing 6 gms. of opium in a plastic paper and a plastic container with 81 golies of opium.

(3.) Detection, search, seizure and registration of case were by P.W. 5. Investigation was conducted by P.W. 7. Pws. 1 to 4 are persons present alongwith P. W. 5 when action was taken. P.W. 2 is a constable, who was in the police party. P.Ws. 1,3 and 4 are independent witnesses. P.W. 1 attested the scene mahazar and P.Ws. 2 to 4 attested the scene mahazar P.W. 3 turned hostile, but admitted having attested the scene mahazar. Others supported the porsecution case. Ext P7 report of chemical examination showed that the material objects seized from the first accused were opium and the coconut shell and black spherical soft substance used for smoking also contained opium. The uniform evidence of the prosecution witnesses is that when P.W. 5 and his party reached the scene, both the accused were found sharing smoke of goiles containing opium using coconut shell and pipes. The self same coconut shell and pipes, on chemical examination, were found to contain opium.