ABDULLA IBRAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the appeal is with regard to the conviction entered against the appellant as accused in S.C.No. 150 of 1998 of the Special Court for trial of N.D.P.S. Act cases (Sessions Court, Trivandrum) for the offence under Sections 21 and 28 of the N.D.P.S. Act and the sentence of R.I. for 20 years and fine of Rs.2 Lakhs imposed for each of the said two offences.

(2.) The prosecution alleged that on 24.3.1998 the first accused completed the check in procedure at the Trivandrum Airport for leaving for Colombo and that just before he was about to board the Aircraft concerned he was stopped and questioned on suspicion by the Customs superintendent. Though the accused originally disowned possession of any contraband, he subsequently conceded that he has concealed in his body contraband for smuggling out and thereupon he was produced before the Magistrate for orders for X-Ray screening under Section 103 of the Customs Act. Since the first accused expressed before the Magistrate his readiness to co-operate with the authorities in the matter of disgorging the contraband he was taken to the Medical College Hospital and in subsequent search conducted through intervention of the medical officers 102 capsules which had been swallowed by the first accused and two bigger capsules which had been inserted into his rectum were brought out. The contents of all these were brown sugar of net weight 504 grams. These items were seized as per Ext.P2 series mahazars. The identity of the substance seized was confirmed by the Analyst who examined the sample prepared under Ext.P2 as Heroin .

(3.) Though there were four more accused arrayed in the case, the case against accused 3 and 4 were split up and re-filed. After trial of original accused 1,2 and 5 the present appellant alone was convicted and original accused Nos. 2 and 5 (re-arrayed a accused Nos. 2 & 3 on S.C. 150 of 1998) were acquitted.