RAVI ALIAS PALLAN RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this jail appeal, the challenge is with regard to the conviction entered against the appellant as accused in S.C. No 64/1999 of the Sessions Court, (Special Court for the trial of the N.D.P.S. Act Casses), Thrissur for the offence under Section 20 (b) (i) of the NDPS Act and the sentence of rigorous imprisonment for 4 years and fine of Rs. 10,000/- (in default, rigorous imprisonment for six months) imposed therefor.

(2.) The prosecution case that based on Ext. P4 information passed on by the Dy. Superintendent of Police, Kunnamkulam to PW2-Circle Inspector of Police at about 9 a.m. on 29.10.1997 he proceeded to the place mentioned in Ext. P1 search list and seized ganja weighing about 1280 grams in a plastic bag concealed kept inside the rolled up mats found inside the shed occupied by the accused at about 10.30 a.m. on 29.10.1997 found acceptance with the trial court.

(3.) Smt. C.N. Usha, who appeared for the appellant on State Brief, submitted that there is violation of Section 42(2) of the N.D.P.S Act justifying acquittal of the accused. She also pointed out that there is no acceptable evidence to conclude that the accused was still in possession of the contraband in so far as the building wherefrom the contraband was seized was neighter owned nor possessed by the accused. The failure of the prosecution to cite the relevant records including lease deed or other documents evidencing absolute possession of the premises by the accused was also highlighted.