P.SAKKARIYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was the accused in S.C.No.12 of 2007 on the file of the Special Court (NDPS Act Cases), Vadakara. He was convicted and sentenced for an offence punishable under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act"). He was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000.00, failing which to undergo rigorous imprisonment for a further period of three months. The legality and propriety of the said judgment are under challenge in this appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973.

(2.) The appellant stood trial on a charge that at about 11.15 a.m. on 28/7/2006, he was found transporting 1.1 kgs. of Ganja in a bag carrying in a scooter bearing Reg.No.KL-13-D-4468, which he was riding from Kannur Government Hospital to Thayyil.

(3.) The Special Court recorded evidence of PWs.1 to 7 and marked Exts.P1 to P11. MOs.1 to 8 were the objects identified. During the examination of the appellant under Sec. 313(1)(b) of Cr.P.C., apart from denying all the incriminating circumstances that appeared in evidence against him, he set up a defence that he was a pedestrian having no connection with the scooter or the contraband seized by PW3 and that he was falsely implicated in the case. The Special Judge did not accept the case of the defence, but held that the prosecution proved beyond doubt the guilt of the accused.