K.B.RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C.No.5 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"). The sentence imposed was rigorous imprisonment for a period of three years and a fine of Rs.10,000.00 with a default sentence of six months. The said judgment of conviction and the order of sentence are under challenge in this appeal filed under Sec. 374(2) of the Code of Civil Procedure, 1973.

(2.) The allegations against the appellant are that at about 4.35 p.m. on 1/1/2006, he was found in possession of 1.250 kg. of Ganja near the Palayam bus stand at Kozhikode, in violation of the provisions of the NDPS Act. PW1, the Sub Inspector of Police, Kasaba Police Station, on receipt of reliable information, reached the spot and caught the appellant red-handed. On a search, 1.250 kg of Ganja was found in his possession. After necessary formalities of preparation of seizure mahazar, sampling and sealing of both samples and the contraband, PW1 arrested the appellant.

(3.) During the trial, PWs.1 to 6 were examined and Exts.P1 to P12 were marked on the side of the prosecution. Mos.1 to 3 were identified. In the examination of the appellant under Sec. 313 (1)(b) of the Code, he took the stand that he was innocent and the case was foisted against him. No defence evidence was let in. The learned Special Judge did not accept the contentions raised by the appellant that he was innocent and evidence was insufficient to find him guilty. Accordingly, the appellant was convicted and sentenced.