STATE OF KERALA Vs. LATHEEF

JUDGEMENT

(1.) The state has come up in appeal challenging the acquittal given to respondents 1 and 2 who were the accused in C.C. 99/1997 of the First Additional Sessions Court (special court for trial of N.D.P.S. Act cases, Ernakulam) in ewapect of the offence under Sec. 22 of the N.D.P.S. Act.

(2.) The prosecution alleged that pursuant to information received at about 9.30 a.m. on 9.8.1997 and after due compliance with sec. 42(2) of the N.D.P.S.Act, PW9-sub Inspectyor proceeded to the building mentioned in the information and found accused 1 and 2 who were man and wife as the sole occupants of the unnamed building. After due compliance with sec. 50 of the N.D.P.S. Act the building was searched and 301 ampules of tidigesic (buprenorphine) each of 2 milli litres capacity intended for injunction were seized from the building.(shed).

(3.) The reasons given by the trial court for granting acquittal to the accused are the following:-