PIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge in the appeal is with regard to the conviction entered against the appellant as accused in C.C. No. 18/97 of the II Additional Sessions Court, Ernakulam, (Special Court for trial of the NDPS Act Cases), for the offence under Sec. 22 of the NDPS Act and the sentence of rigorous imprisonments for 15 years and a fine of Rs. 1 lakh (in default, rigorous imprisonment for two years and six months) imposed therefore.

(2.) The prosecution case was that during the second show in the Saritha Theatre, Ernakulam, it as reported by one of the persons, who had come to the theatre to view the film, that in the toilet, a person was seen giving injection of drug to another and that P.W.2, who was the Assistant Manager of the theatre, passed on the information to the Police pursuant to which, the Flying Squad reached the spot and kept the accused, who was in possession of a bag, under surveillance until P.W.7-Sub-Inspector of Police arrived at the scene along with P.W.9, who was an Excise Official of the Gazetted rank. In the subsequent search conducted, after due compliance with Sec. 50 of the NDPS Act, 102 ampules of Tidigesic (Buprenorphine), 11 ampules of Phenergan for injection, 4 disposable syringes and 15 needles were seized from the possession of the accused, besides an amount of Rs. 850.00 found on the shirt pocket.

(3.) Even though the accused pleaded not guilty of the charge, he was found guilty based on the evidence of P.Ws. 1 to 10 and Exts. P-1 to P-24 and considering M.Os. 1 to XVI series. Even though D.Ws. 1 and 2 were also examined, their evidence was found insufficient to tilt the balance.