V MUHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No. 44 of 1991 before the Assistant Sessions Judge, Manjeri is the appellant. He was found guilty of the offence punishable under S. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short the Act) and convicted and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 50,000.00 and in default to undergo simple imprisonment for a further period of five months. Set off for the period of detention was allowed under S. 428 of the Criminal P.C. The conviction and sentence are challenged by the accused in this appeal.

(2.) The case of the prosecution is that while the Circle Inspector of Police, Perinthalmanna and other police officials were on patrol duty at 5 a.m. on 9-12-1990 they found the accused standing on the north-eastern corner of the verandah of the KSRTC bus stand at Perinthalmanna. He was found keeping possession of a bag. The police officials being suspicious of the movement of the accused seized the bag and on opening the same found 1.2 Kgs. of Ganja inside. The Head Constable who was present in the police party was asked to bring a balance and a police constable was sent to the Circle Office to bring seal and lac. In the presence of a Security Guard of K.S.R.T.C. and a driver mahazar was prepared and the contraband article was taken into custody. Samples were taken in three packets and all the packets were seled. A case was registered under Section 20(b)(i) of the Act. One of the samples was sent for chemical analysis and the same was found to be Ganja. The Assistant Sessions Court to which the case was transferred for trial examined eight witnesses on the side of the prosecution and Exts. P 1 to P7 and MOs. 1 to 6 were marked. On the side of the defence one witness was examined and a document was marked as Ext. D1. After hearing counsel and on a consideration of the evidence on record, the Assistant Sessions Judge found the accused guilty of the offence charged against him, convicted him and awarded the sentence referred above. Hence the appeal.

(3.) Heard counsel for appellant and Public Prosecutor.