ANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed under Sections 374(2) and 383 of the Cr.P.C by the first accused in S.C.No.704/2014 on the file of the Additional Sessions Judge I, Mavelikkara against the judgment dated 12th April, 2016 convicting him under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS Act')

(2.) The prosecution case in short in that on 15.05.2013 at about 12.10 pm, while PW3 the Excise Inspector was checking vehicles in front of KTDC beer parlour near Nangiarkulangara, he found the appellant who is the first accused carrying 2.345 Kilograms of ganja, sitting on the back seat of autorickshaw bearing Reg.No. KL-28-A-7464 driven by the second accused who also possessed 100 grams of ganja and thus committed the offence. The detecting officer introduced and informed them that he was about to search them and also asked them whether they required the presence of a gazetted officer or Magistrate to search their body. Even though they said 'no', PW3 prepared Ext.P3 letter addressed to PW7, the then Haripad Excise Circle Inspector, requesting his presence at the scene of occurrence for the purpose of conducting body search of the accused. PW7 came to the scene of occurrence, introduced himself to the appellant and also about the proposed body search. Thereafter, PW3 conducted body search of the appellant in the presence of PW7. On search, PW3 detected a blue coloured plastic cover containing grey coloured substance having pungent smell of ganja. On physical examination, it was found to be the leaf on the top, stem, flower and seed of ganja plant. He weighed the ganja and it was found to be 2.345 kgs. He then seized the plastic cover carried by the second accused and on inspection, he found 100 grams of ganja in it. PW3 seized those items including the vehicle, properly packed, labelled and sealed the contraband in the presence of the witnesses. He also prepared Ext.P2 seizure mahazar and Ext.P1 search list in which PW7 put his signature. Thereafter, PW3 produced the accused along with the records and contrabands before PW7, who registered the crime and occurrence report as per Ext.P15. The seized contraband substance was produced at the court on the same day itself. The contraband substance was sent for chemical analysis as per Ext.P16. Then, PW8 took up the investigation. After analysis, chemical analysis report was received, which was marked as Ext.P14. After investigation, complaint was filed before the Sessions Court, Alappuzha which was later made over to the court below for trial and disposal.

(3.) The accused No.2 died during trial. After hearing the prosecution and the defence, charge was framed against the appellant under Section 20(b)(ii)(B) of the NDPS Act. The charge was read over and explained to the appellant, who pleaded not guilty.