GEORGE JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Sec. 374(2) Cr.P.C. by the sole accused in S.C.No.308/2005 on the file of the Court of Session, Ernakulam has been filed challenging the conviction entered and sentence passed against him for the offence punishable under Sec. 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act).

(2.) The prosecution case is that on 09/01/2000 PW1, the then Excise Inspector, Aluva Range, along with his team were on duty from 11:30 am onwards at Kondotty junction checking vehicles passing through the Aluva-Kanjoor public road. While so, the accused came riding a motor bike at considerable speed. PW1 signaled the accused to stop but the accused sped away. PW1 along with his team pursued the accused and intercepted him at Purayur junction. The accused was questioned regarding possession of any illegal or narcotic substances. The inconsistent and contradictory answers given by the accused aroused suspicion and therefore PW1 informed the former that a body search was required to be conducted. The accused was told of his right to be searched in the presence of a gazetted officer or a magistrate. As requested by the accused, PW1 sent Ext.P2 request to PW2, the then Circle Inspector of police, Aluva, requesting the latter's presence for conducting a search. On arrival of PW2 and in the presence of independent witnesses, PW1 conducted a body search of the accused. On search, the accused was found to be in possession of MO.1, that is, five ampules of tidigesic in a Wills cigarette packet, which packet was concealed inside his undergarment. The contraband was seized in the presence of CW1 and CW2 and the other official witnesses present along with PW1. Ext.P1 seizure mahazar was prepared. PW1 registered Crime No.1/2000, Excise Range, Aluva, and prepared Ext.P8 occurrence report.

(3.) On the final report being submitted, the jurisdictional magistrate after complying with the statutory formalities, committed the case against the accused to the Sessions Court concerned, which court took the case on file as S.C.No.308/2005. On appearance of the accused before the Court of Session, he was furnished with the copies of all the prosecution records. On 20/01/2007, the trial court framed a charge for the offence punishable under Sec. 22 of the NDPS Act, which was read over and explained to the accused to which he pleaded not guilty.