KUNHU KUNHU Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, the accused in S.C.No.95/2005 on the file of the Court of Session, Thrissur, challenges the conviction and sentence passed against him for the offence punishable under Sec. 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (the Act).

(2.) The prosecution case is that, on 14/08/2003 at 1.30 p.m., the accused without any authority was found transporting/carrying 5.200 kilograms of ganja. The place of occurrence is stated to be on the Ayyanthole Puzhakkal road near Priyadarsini bus stop at Ayyanthole Desom, Ayyanthole Village. Hence the accused is alleged to have committed the offence punishable under the aforementioned Sec. .

(3.) PW1, the then Excise Circle Inspector, Excise Enforcement and Anti-Narcotics Special Squad, Thrissur, is the detecting officer who registered the crime, i.e., Crime No.5/2003 and lodged Ext.P2 crime and occurrence report. PW6 is the Excise Circle Inspector, Vatakara, who completed the investigation and submitted the final report alleging the commission of the aforesaid offence by the accused.