HANEEFA Vs. STATE

JUDGEMENT

(1.) Appellant in Crl. Appeal No. 51 of 1991 who is the accused in Sessions Case No. 68 of 1990 of the Assistant Sessions Judge (Principal), Palakkad is the revision-petitioner. The learned Judge found him guilty of the offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), convicted him and sentenced him to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 29,000/-; in default of payment of fine, he was directed to undergo simple imprisonment for a further period of 2 years. He challenged the said conviction and sentence in Crl. Appeal No. 51 of 1991 before the Sessions Judge, Palakkad. The said appeal was dismissed.

(2.) PW 1, Sub-Inspector of Police, Palakkad Town North Police Station while on patrol duty on 5-9-1990 at 5.45 p.m. along with police constables, found the accused near the Government Victoria College. On seeing the police party, he retreated which created suspicion and hence PW 1 and others stopped him and questioned him. Thereafter, on examination of his person, they found MO-1 ganja concealed in the fold of his dothi at the waist. MO-1 ganja was weighed and sealed in the presence of witnesses; the petitioner was also having MO-3 currency notes with him. PW-1 prepared Ext. P1 mahazar in the presence of witnesses. He arrested the accused and produced him along with the seized articles before the police station. Crime 388 of 1990 was registered under Section 20(b)(i) of the Act. Ext. P2 is the FIR.

(3.) PW-5, Assistant Sub-Inspector of the said Police Station conducted the further investigation. He went to the scene and prepared Ext. P3 scene mahazar. He produced the material objects before the court on 6-9-1990 and also submitted a report for sending the MO-1 for chemical examination; Ext. P4 is the certificate issued by the Chemical Analyst. He completed the investigation and laid the charge before the court.