RAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are at the instance of accused Nos.1 and 2 respectively in SC (NDPS) No.3 of 2006 on the file of Special Judge for NDPS Act cases, Thodupuzha against their conviction and sentence under Sec. 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'the NDPS Act'), as per judgment dtd. 22/7/2006.

(2.) Prosecution case is that, on 6/5/2005, at about 6.45 a.m, the accused were found in possession of dried ganja concealed in their body beneath the shirt, while they were travelling in PPK bus bearing registration No.KL 7K 7003 plying in Kanthalloor-Aluva route.

(3.) PW1, CI of Police, Munnar, on getting secret information that two persons are transporting ganja in PPK bus, after sending that information in writing to his superior officer, proceeded to Nallathanni, and intercepted the bus and checked the passengers and their luggage along with other police officials. The accused persons were suspected of having concealed something beneath their shirt and so, PW1 and police party wanted to conduct their body search. The accused were informed of their right to be searched in presence of a gazetted officer in compliance with the provisions of Sec. 50 of the NDPS Act. Since the accused expressed their intention to be searched in presence of a gazetted officer, PW3 Tahsildar was asked to be present to witness their body search. On conducting their body search in presence of the Tahsildar, a pink cover containing 1 1/2 kgs of dried ganja tied on the abdomen was seized from A1 and a pink cover containing 1 kg of dried ganja tied on the abdomen was seized from A2. On completing the procedural formalities of arrest of the accused, sampling, labeling etc., the accused were produced before Munnar Police Station where crime No.88 of 2005 was registered against them.