RAVEENDRANATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the sole accused, who is convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of ?1 lakh for the offence punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and in default of fine, a rigorous imprisonment for a period of three months.

(2.) Crime No.1480/2006 was initially registered by Ernakulam Central Police against the appellant. The case of the prosecution was that on 9/11/2006 at 3.20 pm, PW2 while doing patrolling duty, got information that a person wearing black pants and rose shirt having narcotic drugs in a bag, is standing at Forshore Road, Ernakulam. The police went to the Foreshore Road and in front of the CIFNET office, the appellant was found carrying a small handbag. PW2 introduced his identity to the appellant and issued a notice stating that he is going to conduct body search of the appellant and asking whether the appellant needs it to be done in the presence of a Gazetted Officer or a Magistrate.

(3.) The appellant issued a letter in writing in English stating that PW2 himself may conduct the body search. On conducting body search, five ampules of Phenergan, five ampules of Lupigesic, four ampules of Diazepam IP, two ampules of Buprenorphine IP and one ampule of Diazepam Biofort were found in the handbag of the appellant. Possession of those drugs is in contravention of the provisions of the NDPS Act. Thus, the appellant committed offence punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act, for short).