JALALUDEEN. A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is at the instance of the 1st accused in SC No.873 of 2002 on the file of Additional District and Sessions Court, Fast Track-I, Thiruvananthapuram (The Court of Special Judge for trial of cases under the NDPS Act), assailing his conviction and sentence under Sec. 8(c) read with Sec. 21(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'the NDPS Act'), as per judgment dtd. 23/2/2007.

(2.) The prosecution case is that, on 7/5/2002 at 5.30 p.m, PW5, the Intelligence Officer, NCB, RIU, Thiruvananthapuram, obtained a secret information that three persons named Jalaludeen, Firoz Khan and Raju were keeping 1kg of brown sugar (heroin) in Room No.102 of Ellickal lodge near SP Fort Hospital, Thiruvananthapuram and they were staying in that room for the purpose of its sale. After recording that information and forwarding the same to the superior officer, PWs 5 and 6 reached that lodge and conducted search in room No.102, in the presence of the Manager and Watchman of that lodge. Mr.Jalaludeen (A1) and Firoz (A2) were there in room No.102 of that lodge, and on search, 790gms of brown sugar (heroin) was seized from their possession. After completing the legal formalities, the contraband along with Sri.Jalaluddin (A1) and Firoz (A2) were taken to the NCB office where OR No.2/2002 NCB/RIU/TVM was registered against them. After completing investigation, they were charged under Sec. 8(c) read with Sec. 21(c) of the NDPS Act, since they were found in possession of commercial quantity of brown sugar (heroin).

(3.) The 2nd accused Firoz Khan was absconding and so, case against him was split up and the case against the 1st accused Jalaluddin was proceeded against.