NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner is aggrieved by the conviction and sentence under Section 20 (b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act ('the Act' for short) in C.C No.177/2009 of the Judicial First Class Magistrate Court -II, Haripad. On conviction, he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of 10,000/ - by the trial court. His appeal brought as Crl.A No.295/2012 was dismissed by the learned First Additional Sessions Judge, Mavelikara. He faced prosecution on the allegation that on 24.8.2012 he was found possessing 74 packets of ganja containing a total quantity of 188 gms. Detection of offence was made by the Sub Inspector of Police, Haripad. Of the 74 packets, 10 packets were seized by the Detecting Officer on body search and 64 packets of ganja were seized on search in the petty shop of the accused. On seizure of ganja, the Sub Inspector registered crime against the accused, and after investigation the Police submitted final report in the trial court.

(2.) DURING trial, the prosecution examined eight witnesses in the trial court including the Police Officer, who detected the offence and also the Excise Circle Inspector in whose presence body search was conducted by the Detecting Officer. From the total quantity of ganja seized by the Detecting Officer, 30 gms was taken as sample. Report of analysis was marked during trial. The Detecting Officer is supported by another Police Officer who had accompanied the Sub Inspector. The independent witnesses examined by the prosecution turned hostile during trial. Accepting the evidence of the Detecting Officer and also the Gazetted Officer in whose presence search was made, the trial court found the revision petitioner guilty. No evidence was adduced in defence by the accused in the trial court. In appeal, the appellate court fully concurred with the findings of the trial court, that the prosecution case stands well proved.

(3.) THE maximum sentence prescribed under Section 20 (b) (ii) (A) of the Act is imprisonment for six months for a quantity up to 1 kg. It is submitted that the sentence imposed by the courts below is harsh and excessive. It is a fact that 188 gms of ganja can spoil hundreds of youth. When that aspect is considered, nobody will say that rigorous imprisonment for six months and the maximum fine amount of 10,000/ - is excessive. Still, on a consideration that the revision petitioner is a first offender, a slight modification in sentence can be made. When maximum fine sentence is there, rigorous imprisonment for three months will be the adequate sentence. In the result, this revision petition is disposed of as follows, without being admitted to files: (a) The conviction under Section 20 (b) (ii) (A) of the Act is confirmed. (b) The jail sentence imposed by the courts below will stand modified and reduced to rigorous imprisonment for three months. (c) The fine sentence is maintained