ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the appeal is with regard to the conviction entered against the appellant, who was the accused in S.C. No. 198/2000 of the special Court for the trial of the NDPS Act Cases, Vadakara, for the offence under Sec.20 (b) (i) of the NDPS Act and the sentence of rigorous imprisonment for 18 months and fine of Rs.10,000/- (in default, simple imprisonment for 9 months ) imposed therefore.

(2.) The prosecution case that at about 3.10 p.m. on 23-9-1999 P.W.I, who was the Sub Inspector of Koyilandy Police Station, in the course of his patrol, found the accused standing near the Koyilandy Girls High School Junction; that on seeing the police party, the accused tried to run away; that he was chased and apprehended and that the accused then revealed the contents of the bag held by him as ganja when it was opened on instructions from P.W.1, found acceptance by the trial court as it was corroborated by P.W.2, who is an independent witness, and also by the contents of Ext.P1 seizure mahazar and Ext.P2 FIR.

(3.) The appellant was represented by Advocate Sri.V.G. Gopu engaged on State Brief. It is stated that the appellant is till undergoing imprisonment as directed in the judgment under appeal.