SUBRAMONIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted in S.C.No.813/2013 of the Additional Sessions Court, Palakkad for offence punishable under Section 20(b)(ii)(B) of the NDPS Act, is the appellant herein.

(2.) The case of the prosecution is that on 20/1/2001 at about 1.45 p.m., the Sub Inspector of Police, Agali police station, got a secret information that one person was proceeding in an autorickshaw towards Anakkatti side with a big-shopper containing ganja. The Sub Inspector along with the police party intercepted the autorikshaw bearing No.KL- 09E/2316, which was found proceeding along the road. One person sitting in the rear seat tried to flee, who was intercepted. The police party opened the big-shopper, which contained a packet of ganja. Body search was conducted in accordance with Section 50 of the NDPS Act after a gazetted officer was brought to witness the body search. Nothing was recovered from his body. He was arrested. Contraband weighed 5.600 kgs. Two samples of 50 grams each were separated. The samples and the balance contraband were packed, wrapped, sealed, label affixed and the mahazar prepared. Thereafter, he was produced before the Magistrate. Investigation was thereafter completed and the final report laid before the Sessions Court. The accused appeared before the Sessions Court, pleaded not guilty and demanded trial. On the side of the prosecution, PWs 1 to 9 were examined and Exts.P1 to P9 were marked. MOs 1 to 3 series were identified. On an evaluation of the available materials, the court below found the accused guilty, convicted and sentenced him to undergo RI for three years and to pay a fine of Rs. 10,000/- and in default, to undergo RI for six months.

(3.) The accused, who is in jail, has preferred this appeal. Heard both sides and examined the records.