MANI @ RADHAMANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is a woman now at the age of 71 preferred the above appeal against the judgment dated 24/2/2003 in S.C.No.65 of 2001 of the court of the second Additional Sessions Judge, Ernakulam as she is aggrieved by the conviction and sentence imposed against her for the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) The prosecution case is that on receiving information on 09/11/1998 at about 10'o clock that ganja being sold at the residence of the accused at Puthen Colony, Gandhi Nagar, the Sub Inspector of Police, Central Police Station, after reduced the information into writing in the GD and after reporting the same to the Circle Inspector, his superior officer, he along with other police party reached the house of the accused and thereafter conducted search both the house and the person of the accused and thus from the body of the accused a plastic packet was seized, which contained ganja and the total weight of the ganja was 50 gms and thus according to the prosecution, the accused has committed an offence punishable under Section 20(b)(ii)(A) of the NDPS Act. On the above allegation, Crime No.752 of 1998 was registered in the Central Police Station, Ernakulam for the offence under Section 20(b)(ii)(A) of the NDPS Act.

(3.) On completing the investigation, a formal report was filed before the Sessions Court, Ernakulam which made over to the present trial court for disposal. When the accused appeared a formal charge for the offence punishable under Section 20(b)(ii)(A) of the NDPS Act was framed which when read over and explained to the accused she denied the same and pleaded not guilty, which resulted in the further trial, during which PWs.1 to 9 were examined and Exts.P1 to P13 were marked from the side of the prosecution. Mos.1 to 3 were identified as material objects. No evidence whatsoever produced from the side of the accused. The trial court finally found that the accused has committed the offence punishable under Section 20(b)(ii)(A) of the NDPS Act and accordingly she is found guilty and consequently she is convicted thereunder. On such conviction, the accused/appellant is sentenced to undergo rigorous imprisonment for a period of two months and to pay a fine of Rs. 2,000/- and in default of payment of fine, she is directed to undergo simple imprisonment for a further period of two weeks. Set off is allowed. It is the said finding and order of conviction and sentence that are challenged in this appeal at the instance of the accused in the above Sessions Case.