EULER WALDEMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused who is faced with conviction under S.20(b)(ii) of the NDPS Act, 1985 has come up with this appeal. He has been sentenced to undergo rigorous imprisonment for 15 years and to pay fine of Rs. 1 lakh. According to the court below he has been in possession of 2.20 Kg. of Hashish as seized by PW 4, upon Ext. P1 mahazar which was duly proved through PW 2, an eye witness.

(2.) The prosecution case was that PW 4 the Sub Inspector of Police, Kovalam police station obtained reliable information that a foreign national was engaged in sale of drugs, residing in a house named 'Sudhi' in Avaduthura. There upon he reduced the information he received in writing and sent a report Ext. P3 to his superior officer, PW 6 and proceeded to the spot and apprehended the accused. The accused voluntarily took out from a refrigerator kept in the house the contraband in this case, in ten packets. It was seized in the presence of PW 1 an independent witness. He was arrested and the case was registered. PW 6 the Circle Inspector of Police who had been brought to the spot for the purpose of searching the body of the accused as he insisted presence of gazetted officer, later took up the investigation of the case and filed the final report.

(3.) Considering the contentions and evidence on record, the Trial Court found that the prosecution was successful to bring guilt home on the accused and that he had committed the offence punishable under S.20(b)(ii) of the Act. Accordingly he was sentenced as aforesaid.