T A ABDUL BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in SC 85/1998 of the Special Court for trial of N.D.P.S. Act cases, Vadakara. The challenge is with regard to the conviction entered against the appellant by the said court for the offence under section 21 of the N.D.P.S. Act and the sentence of R.I. for 10 years and fine of Rs.1 lakh (in default S.I. for 6 months) imposed therefore.

(2.) The prosecution case is that at about 8.30 p.m. on 15.8.1997, PW3 Circle Inspector of Police got information that the accused Abdul Basheer (son of Muhammed) was engaged in the sale of brown sugar in the shop of his father at Market Road, Koduvally. After recording the information and transmitting a copy to the Official Superior-by.S.P., Thamarassery, he proceeded to the spot accompanied by the other Police Officials and found the accused inside the shop. He was alerted of his rights under section 50 of the N.D.P.S Act and questioned about his option. The accused waived his rights and accordingly his body was searched by PW3. That revealed that existence of 20gms of brown sugar concealed in a packet kept underneath the underwear worn by the accused.

(3.) After the trial, the accused was convicted for the offence under section 21 of the N.D.P.S. Act as per judgment dt.16.3.1999. That was based on the evidence of PWs. 1 to 7, Exts.P1 to P12 and Mos. 1 to 3. The said conviction was challenged before this court in Crl.A.360/1999. On 28.5.2001 that appeal was allowed in part; the conviction was set aside and the case remanded with direction that the trial court should invoke its power under section 311 and issue summons to the other occurrence witnesses and decide the case based on the additional evidence. It was further directed that the accused might be released on bail pending further trial.