P.S.GIREESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant is convicted and sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.1,00,000.00 and in default, to undergo rigorous imprisonment for two years under Sec. 21 of the Narcotic Drugs and Psychotropic Substance Act ('NDPS Act', for short). Set off was also allowed. The said conviction and sentences are challenged in this appeal.

(2.) According to prosecution, on 29/7/1996 at about 4.45 p.m. the accused was found in possession of 1.900 grams plus 1.250 grams of brown sugar in two packets near the foot path leading to beach side, Varakkal road junction.

(3.) Prosecution examined PWs 1 to 7 and marked Exhibits P1 to P10 and MOs 1 to 4(a) on its side. The accused examined DWs 1 to 4 as defence witnesses and marked Exhibits X1 to X4 on the side of the defence. The court below, relying on the evidences adduced by the prosecution, held that the accused was found in possession of 3.150 grams of brown sugar in violation of the provisions of the NDPS Act and he was convicted and sentenced under Sec. 21 of the NDPS Act.