KERALA STATE Vs. WILIAMS

JUDGEMENT

(1.) The question posed by the State in this State Appeal is whether the acquittal entered by the Ist Additional Sessions Court, Ernakulam, acting as a Special Court for trial of N.D.P.S. cases, acquitting the accused is justified and proper.

(2.) The allegation was that pursuant to information received at 10.45a.m. on 11.10.1994, PW7, who was the Circle Inspector of Police, proceeded to the spot mentioned in the information viz. Njarakkal Market and found the accused there and on search of his body seized 75 grams of ganja.

(3.) The trial court considered the acceptability of the prosecution case in the light of the evidence of PWs 1 to 7, Exts. P1 to P10, D1 to D4 series and Mos 1 to3 and found that there was no necessary to comply with Section 50 of the N.D.P.S Act in view of the fact that the information received by PW7 related to availability of contraband with a person standing in a public place; that in any case there is sufficient evidence for compliance with Section 50 of the N.D.P.S. Act and that in view of the violation of Section 42(1) and 42(2) of the N.D.P.S. Act the trial is vitiated.