JOSEPH ALIAS PAPPACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is presently undergoing sentences as per the judgment of the Additional Sessions Judge, Alappuzha, acting as a Special Court for the trial of the NDPS Act cases passed on 28-6-2001, challenges the legality of the aforesaid judgment whereby he, as the 2nd accused in S.C. No. 147/98, was convicted for the offence under S. 20(b)(i) of the NDPS Act and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.10,000/- (in default, simple imprisonment for six months) on the allegation that at about 11.45 a.m. on 28-8-1997 he was found by P.W. 6 Assistant Sub-Inspector of Alleppey North Police Station to be in possession of Ganja contained in 12 small packets in the company of the 1st accused who, in turn, was having 8 such packets with him. The total weight of the Ganja contained in the 20 packets was alleged to be 16.5 grams.

(2.) As the counsel, who filed the appeal was not available for arguing the case, Smt. T. K. Sreekala was appointed on State brief to represent the appellant. She submitted that the procedure followed by P.W. 6 is violative of the safeguards enshrined in S.50 of the NDPS Act; that the manner in which the sample was prepared is also against the requirements of law and that in the circumstances, the accused is entitled to an acquittal.

(3.) On the arguments advanced in this case, the points that arise for decisions are: