SOMAN, S/O.SANKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C No.3 of 2007 on the file of the Special Judge for NDPS Act Cases, Thodupuzha and he is challenging the conviction and sentence imposed on him for the offence under Sec. 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act).

(2.) The prosecution case is that on 8/10/1997, PW1 Circle Inspector of Narcotics Enforcement Squad, Adimali got information that ganja is cultivated in the property of the accused and for conducting raid, he proceeded to the place together with other Excise Officials and independent witnesses. PW1 and party detected 85 ganja plants in the property of the accused and after taking three plants as samples, the remaining ganja plants were destroyed. PW1 registered Ext.P6 crime and occurrence report and PW7 filed the final report, after completing the investigation.

(3.) When the accused appeared before the trial court and when he pleaded not guilty to the charge framed under Sec. 20(a)(i) of the NDPS Act, PWs1 to 8 were examined, Exts.P1 to P16 and MO1 were marked from the side of the prosecution. From the side of the defence, DW1 was examined. Ext.X1 was also marked. After hearing both sides and considering the oral and documentary evidence on record, the learned Special Judge, as per the impugned judgment dtd. 21/2/2008, convicted and sentenced the accused to undergo Rigorous imprisonment for two years and to pay a fine of Rs.5,000.00 and in default of payment of fine to undergo Rigorous imprisonment for six months for the offence under Sec. 20(a)(i) of the NDPS Act.