KUTTAPPAN S/O. CHATHAKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 11.04.2002 in S.C.No.228 of 1999 of the court of IInd Additional Sessions Judge, Palakkad, at the instance of the sole accused in the above Sessions case as he is convicted and sentenced for the offence under Section 20(b) (1) of the Narcotic Drugs and Psychotropic Substances Act.

(2.) THE prosecution case is that on 28.12.1998 at 8.45 a.m, the accused was found transporting 1 kg 600 grams of ganja, a narcotic substance in violation of the provisions of the Narcotic Drugs and Psychotropic Substances Act by travelling in a stage carriage bearing Registration No.KL -10B 7470 known by name shogun which was plying through Mannarkkad -Shornur public road and that, therefore, he committed the offence punishable under the above Section of the Narcotic Drugs and Psychotropic Substances Act. Thus according to the prosecution, the accused was convicted for the offence punishable under Section 20 (b) (1) of the Narcotic Drugs and Psychotropic Substances Act (for short 'the N.D.P.S Act') and on such allegation Crime No.711 of 1998 was registered in the Mannarkkad police station. On completing investigation, charge was laid in the Sessions Court, Palakkad wherein S.C.No.228 of 1999 was instituted and the same made over to the present trial court for disposal.

(3.) HEARD Sri.Jeo Paul, the learned counsel for the appellant and Sri.N.Suresh, the learned Public Prosecutor for the State.