MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C.No. 97 of 2000 of the Special Court for trial of N.D.P.S. Act cases, Vadakara, challenges the conviction against him for the offence under S.21 of the N.D.P.S. Act and the sentence of R.I. for 12 years and fine of Rs. 2 lakhs imposed thereof.

(2.) The prosecution case was that at about 8.15 p.m. on 20.1.2000 PW 2 - Circle Inspector of Police, Kottakkal. - got information that a person had reached with brown sugar intended for sale in front of the closed room on the ground floor of Canara Bank building at Shankuvatty; that after recording the information and reporting it to the Dy. S.P. he reached the spot at 8.35 p.m.; found the accused standing on the veranda of the closed room aforementioned; that after interception and after conveyance of the right under S.50 of the N.D.P.S. Act to him he was questioned about his option; that on the accused giving a negative reply, which was reduced to writing at the spot vide Ext. P.1, he conducted a body search on the person of the accused which revealed the availability of a plastic cover concealed inside the trousers worn by him and that when this was opened . it was found to be brown sugar. The weight was subsequently ascertained as 100 gms. (102.65 gms including the cover).

(3.) The Trial Court believed PWs. 1 and 2 and entered the conviction disbelieving the accused with regard to his version in the statement under S.313 of the Cr. P.C. that he was actually taken to custody on the previous day and that after he was taken to custody some others who had been detained in the police station were released.