(1.) Aggrieved by the judgment dtd. 17/12/2022 passed by the Additional Sessions Court-VIII, Ernakulam in S.C.No.268/2018, the accused No.1 has preferred this appeal. The appellant/accused No.1 was convicted under Sec. 20(b)(ii)(B) of the NDPS Act and sentenced to undergo rigorous imprisonment for a period of two years and pay a fine of Rs.25,000.00.
(2.) The prosecution case is that on 24/11/2017 at 8.50 AM, the appellant and the other accused were found on the side of the public road starting from ChirangalKottappady Road and leading to the pump house, near St.George Public School at Kottappady. On search of the plastic kit in the possession of the appellant, the Sub Inspector of Police, Kottappady, found 1.950 Kg of ganja kept in two packets. The appellant and the other accused were arrested from the spot.
(3.) After completing the investigation, Final Report was submitted against both the accused for the offence punishable under Sec. 20(b)(ii)(B) of the NDPS Act before the Special Court. The accused appeared on summons. Charge was framed against them under Sec. 20(b)(ii)(B) of the NDPS Act.