BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Based on the evidence of PWs 1 to 10, Exts. P1 to P18 and MOs 1 to 5 the special Court for trial of N.D.P.S. Act cases, Thodupuzha convicted the appellant for the offence under S.20(b)(i) of the N.D.P.S. Act and imposed the sentence of R.I. for two years and fine of Rs. 25,000/- (in default R.I. for six months) therefor.

(2.) Smt. Saira Ravikumar, who represented the appellant on State Brief, submitted that the appellant has already suffered his term and gone out of the prison. The justifiability of the conviction has, nevertheless, to be examined. In that regard she submitted that there is violation of S.50 of the N.D.P.S. Act in so far as PW 9, who was the detecting officer, did not specifically give the option of search before the Magistrate to the accused. It is also argued that the evidence available is insufficient to convict the appellant.

(3.) The points that arise for decision are :