ABDUL KAREEM Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed by the second and first accused respectively,who stand convicted for offences punishable under Section 22(c) to undergo RI for 12 years and to pay a fine of Rs.1,00,000/- each with default sentence of SI for one year and for RI for six months each and to pay a fine of Rs.5,000/-each, in default to undergo SI for one month each under Section 20 (b)(ii)(A) of the NDPS Act in SC No.361/2011 of the Additional District & Sessions Judge-VIII, Ernakulam .

(2.) The case of the prosecution was that on 13/03/2011 at about 4.30 pm, the Sub Inspector of Police, Thoppumpady police station got a secret information that narcotic drugs were being transported in a Scorpio vehicle bearing registration No.KL50 7023. After recording it and informing his Superior Officer, he, along with three other police constables, proceeded to a junction at Thoppumpady. Thereafter, the vehicle came and when they tried to intercept the vehicle, it sped away. It was chased and was stopped. Two persons who were in the vehicle tried to escape, but were apprehended. In a bag kept in the rear seat of the vehicle, contraband items were found and after affording them an opportunity of being searched in the presence of a Gazetted Officer, personal search was conducted. 1105 ampules of lupigesic, 60 ampules of Phenergan,8 syringes, 14 needles and 90 gms of ganja were recovered from the above bag. A sum of Rs.6,000/- and two mobile phones were recovered from the second accused. From the first accused, one mobile phone was recovered. They were arrested, and after completion of all formalities, taken to the police station. Ext.P14 FIR was registered. PW4, the Circle Inspector of Palluruthy Police Station, completed the investigation and laid the final charge.

(3.) Before the court below, both the accused pleaded innocence and demanded trial. On the side of the prosecution, PWs 1 to 4 were examined and Exts.P1 to P20 were marked. MOs 1 to 14 were identified.