PALAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was undergoing sentence imposed in S.C. 73/99 by the Special Court for trial for N.D.P.S. cases, Thodupuzha at the time when this appeal was filed challenging the conviction under Section 20 (b) (i) of the N.D.P.S. Act and the sentence of Rigorous Imprisonment for three years and fine of Rs. 10,000/- (in default R.I. for one year) imposed therefore. He was subsequently released on bail pursuant to the order of this court passed in Crl.A. 318/01 on 8.2.2001

(2.) The learned counsel for the appellant submitted that there is gross violation of the provisions contained in Section 42(2), 50, 52, 55 and 57 of the N.D.P.S. Act and that the accused, in the circumstances, is entitled to get an acquittal. It was also pointed out by him that there was no sufficient evidence to find that the accused was in possession of 2 kg. Of ganja carried in a big shopper bag while he was standing at the veranda of Avm Anna Malai Vessels shop at Munnar at about 11 p.m. on 23.11.97 as alleged.

(3.) On the arguments advanced in ths case the points that arise for decision are: (i) Whether there is violation of Section 42(2) of the N.D.P.S. Act entitling the accused to get acquittal? (ii) Whether there is violation of Section 50 of the N.D.P.S. Act entitling acquittal? (iii) Whether the alleged violation of Section 52, 55 and 57 are sufficient to grant the acquittal to the Accused? Point (i): PW3 who was the Head Constable working in the special branch of the police department at Idukki deposed that he got information that a person belonging to Cape Comorin had arrived from a place called Koviloor on 23.11.97 and that he was roaming about in Munnar town area with ganja in his hand. He pursued the matter and got specific information that the person was standing in front of `AVM Anna Malai', which was a shop dealing in vessels at Munnar town. He conveyed the information to PW4 who was the Sub Inspector of Munnar Police Station.