KAJAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in Sessions Case No.62 of 2012 on the file of the Special Court (NDPS Act Cases), Vatakara who has been convicted of the offence under Section 20(b) (ii)(B) of Narcotic Drugs and Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.90,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of 2 years has come up in appeal challenging his conviction and sentence.

(2.) The accusation against him was that he was found to be in possession of 1.300 Kg ganja in front of Kottaram bus waiting shelter at Valanchery at 11.15 a.m on 14.6.2012. On his pleading not guilty the Special Court tried and found him guilty of the offence.

(3.) The Excise Inspector and the Preventive Officer attached to Excise Range Office, Kuttippuram, who detected the offence, were examined as PW1 and PW2 respectively. Their initial examination in chief was not conducted in the open court in the presence of the appellant. They filed affidavits in lieu of their examination in chief, and it relates to the material facts. Thereafter, a part of their examination in chief was conducted in the open court in the presence of the appellant.