THULASEEDASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A new question has been raised before me in this case and that is whether for the purpose of proper compliance with S. 42(2) of the N. D. P. S. Act the report that should reach the immediate official superior should actually be a copy of the record and not the original.

(2.) The appellant stands convicted for the offence under S. 20(b)(i) of the N. D. P. S. Act. It was alleged that at about 4.30 p.m. on 16-3-2000, PW1 - Circle Inspector of Police, received the information that a person riding a motorcycle was coming with ganja carried in a bag; that accordingly PW1 along with his police party intercepted the vehicle while it was still in motion and in the subsequent search it was revealed that the bag possessed by the accused was containing 1.05 kgs. of ganja. After preparing the necessary sample and after recording the details in a contemporaneous seizure mahazar, the arrested accused and the seized contraband were removed to the police station and steps proceeded with.

(3.) The trial Court found based on the evidence of PWs. 1 to 7 and Exts. P1 to P21 and on a consideration of MOs. 1 to 4 that the aforesaid evidence was acceptable. The accused was accordingly convicted for the offence and sentenced to undergo R. I. for 18 months and to pay a fine of Rs. 10,000/- (in default to S. I. for six months).