DEEPAK KUMAR Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) This appeal is at the instance of the 1st accused in SC No.10 of 2006 on the file of Special Judge (NDPS Act Cases), Vadakara, by which he was convicted and sentenced under Sec. 20(b)(ii)(B) of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred as 'the NDPS Act").

(2.) The prosecution case is that, on 29/3/2005 at 7 p.m, the appellant was found travelling with four other persons in KL 5L 6526 Santro car through Mahe-Thalassery public road, carrying a plastic bag containing 2.200 kilograms of ganja at his lap. PW1-the SI of Police, Thalassery and police party proceeded to that place and checked the vehicle, on getting reliable information that ganja was being transported in that car through that road. Nothing was recovered from the body search of the appellant or from the vehicle. The contraband was seized after complying with all legal formalities, and the appellant and other passengers in the car were arrested. Case was registered against all the five, under Sec. 20(b)(ii)(B) of the NDPS Act. PWs 8 and 9, Circle Inspectors of Police, investigated the case and laid charge sheet against all the accused.

(3.) On appearance of the accused persons before the trial court, charge was framed under Sec. 20(b)(ii)(B) of the NDPS Act, to which, all of them pleaded not guilty. Thereupon, prosecution examined PWs 1 to 9, marked Exts.P1 to P16 and identified M.O.s 1 and 2, to prove its case. Ext.D1 was marked from defence side.