LIJO JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.A.No.1520/2012 is filed by the 2nd accused in S.C.No.484/2011 of Additional Sessions Court (Adhoc-II), Ernakulam. First accused therein is the appellant in Crl.A.No.635/2013, which is an appeal preferred through the Superintendent of Central Prison, Viyyur. Smt. Shameena Salahudeen appointed as the State Brief has argued the case for the appellant in Crl.A.No.635/2013.

(2.) Both accused were found guilty and were convicted by the learned Addl. Sessions Judge for offence punishable under Sec.22(c) r/w Sec.8(c) of NDPS Act. They were sentenced to undergo R.I. for 10 years each and to pay 1 lakh each as fine, in default whereof, they were directed to undergo R.I. for 2 years each. These two appeals are filed against the said conviction and sentence passed against them.

(3.) PW1, the Additional Sub Inspector of Police, Aluva Police Station was on patrol duty along with his other police officials on 4.8.2011. At about 6.40 PM on that day, PW1 received a reliable information that an autorickshaw bearing No.KL-7/BL-439 was proceeding from Perumbavoor to Aluva and that it contains some psychotropic substances. Accordingly, PW1 communicated that information to Circle Inspector of Police, Aluva. Ext.P1, a report to that effect was given by PW1 to the Circle Inspector of Police, Aluva. PW1 and other police officials waited for that autorickshaw. At about 7.10 PM, they could see that autorickshaw coming from Perumbavoor side towards Aluva. Though PW1 and his police men showed signal to stop the autorickshaw, disobeying the same, the autorickshaw went ahead. It was chased and intercepted. The driver and the passenger of that autorickshaw attempted to flee but they were forcibly intercepted by the police. Their names and addresses were asked. A1 was the driver and A2 was the passenger in that autorickshaw. Since the police party had reasonable belief that the accused were in possession of some narcotic drugs and/or psychotropic substances, they wanted to conduct their body search. The accused were told that they have got a right to be searched in the presence of a Magistrate or a Gazetted Officer. They required the presence of a Gazetted Officer. The Excise Inspector, Aluva Excise Range was informed by sending Ext.P2 letter requiring his presence at the time of search. Accordingly, the Excise Inspector (PW4) reached the spot. PW1 conducted body search in the presence of PW4 and other witnesses. When the body of A1 was searched 11 ampoules of Diazepam was found concealed at his loin. There was a sum of 140/- in the purse. Besides, the driving licence, which was in the possession of A1, was also seized. After the body search of A1 was completed, the person of the 2nd accused was also searched. A plastic cover, which was held and possessed by A2 was examined. It contained 95 ampoules of Phenergan. In another bag carried by A2, one syringe and three needles were also seen. Thereafter the autorickshaw was examined. In the back portion of that autorickshaw (where there was no seat) another plastic cover was seen. When examined, that plastic cover was found to contain 750 ampoules of Buprenorphine. A1 and A2 were arrested at about 8.15 PM.