M V DHARMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in this jail appeal is with regard to the conviction entered against the appellant as accused in SC 186/1998 of the Sessions Court, Thrissur (Special Court for trial of N.D.P.S. Act Cases) for the offence under S.20(b)(i) of the N.D.P.S. Act and the sentence of R.I. for 3 years and fine of Rs. 5000/- (in default R.I. for three months) imposed therefor.

(2.) The prosecution case that at about 8 P.M. on 26.2.1997 the accused was found in possession of 120 gms. of ganja by PW 1 - Circle Inspector of Police at the portion of the road in front of Thushara Bar at Triprayar found acceptance with the Trial Court based on the evidence of PWs. 1 to 5 and Exts. P1 to P7 and MOs. 1 to 5.

(3.) Smt. Saira Ravikumar, who appeared for the appellant on State Brief submitted that there is violation of S.50 of the N.D.P.S. Act in the matter of the seizure; that the material object continued to be in the custody of the seizing official until 24.10.1997 and that in the circumstances there is no guarantee that what was produced before the Court after 8 months of seizure and sent over for analysis was the very same object allegedly seized from the accused. Lastly the counsel submitted that in any event, the sentence imposed in the case is highly excessive when the quantum of ganja allegedly seized is taken into account.