O.J.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are accused Nos.1 and 2 in S.C No.9 of 2007 on the file of the Special Judge, (NDPS Act Cases), Vadakara. They are challenging the conviction and sentence imposed on them for the offence under Sec. 20 (b)(II)(c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act).

(2.) The prosecution case is that on 20/5/2003 at 4.45 p.m, when the Excise Circle Inspector at Excise Check Post, Muthanga, inspected vehicle bearing registration No.TN-60/7595, a secret cavity was seen under the seat behind the driver seat and 23 packets containing a total 72 Kgs of ganja was seized and it is alleged that the first accused was the driver of the vehicle and the second accused was a passenger and they were found transporting the ganja and they are thereby alleged to have committed the offence as aforesaid.

(3.) When the accused persons appeared before the trial court, after hearing both sides, charge was framed under Sec. 20(b)(II)(c) of the NDPS Act and when the accused persons pleaded not guilty, PWs1 to 9 were examined, Ext.P1 to P12 and MOs 1 to 5 series were marked from the side of the prosecution. No evidence was adduced from the side of the defence. After hearing both sides and considering the oral and documentary evidence on record, the learned Special Judge as per the impugned judgment dtd. 31/1/2008 convicted and sentenced the accused persons to undergo Rigorous imprisonment for ten years and to pay a fine of Rs.1.00 Lakh each and in default of payment of fine to undergo Rigorous imprisonment for six months each for the offence under Sec. 20(b)(II)(c) of the NDPS Act.