AZIZ ALIAS KALLU AZI Vs. STATE OF KERALA

JUDGEMENT

(1.) On 3-3-90 a Sub Inspector of Police received information that four persons were" dealing in narcotic drugs at Beach Hotel, Fort Kochi. He proceeded to the place and arrested four persons including the two appellants and seized "charas" from them (11.60 grams from the first appellant and 11 grams from the second appellant). The seized articles were produced before the magistrate court from where they were forwarded to the Chemical Examiner's Laboratory attached to the Government of Kerala. On anaylsis, they were identified to be "charas". The case was charge sheeted and after trial the Sessions Court convicted the appellants of the offence under S.20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Both were sentenced to rigorous imprisonment for 11 years and to pay a fine of Rs. l lakh each. Third and fourth accused were acquitted.

(2.) P. W.1 is the Sub Inspector of Police. He spoke to the case that he received information from a police constable who was detailed for duty in the area in which Beach Hotel was situate. P.W.1 also said that when he reached the portico of the hotel, he found the appellants whose pockets were seen bulging and on examination found that the pockets contained narcotic drugs. He identified them as charas. He prepared Exts.P2 and P3 mahazars for the articles seized and arrested the accused. Ext. P8 is the certificate issued by the Chemical Examiner showing that both articles were charas.

(3.) P. Ws. 2 and 3 were employees of Beach Hotel. Though both of them turned hostile, they said that police went to the hotel on the date in question and arrested some persons. P.W.4, the police constable who gave information to P.W.1 deposed that he knew that some persons were clandestinely dealing in narcotic drugs at or near Beach Hotel and so he informed the Sub Inspector. He too was present when P.W.1 arrested the persons and seized the articles.