HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal from jail is preferred by the first accused, who stands convicted in Crime No.5 of 2009 of Kuttipuram Excise Range for offence punishable under Section 20(b)(ii)(b) of the NDPS Act, by the judgment dated 25.07.2014 in Sessions Case No.76 of 2011.

(2.) The allegation of the prosecution is that on 28.08.2009, at about 6.15p.m., the appellant herein, along with the second accused, was found in possession of 1.050kg of ganja in a plastic bag, while being transported on a bicycle. They were intercepted by PW4, Excise Inspector and his party. After search and seizure, the contemporaneous documents were prepared and accused were arrested. PW5 conducted the investigation and laid the charge against both the accused. Pending the proceedings before the Sessions Court, the second accused died and the charge against him abated. The first accused alone faced the trial.

(3.) On an evaluation of the materials adduced before the court below, learned Sessions Judge found the accused guilty, convicted and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.20,000/- for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act. A default sentence of four months simple imprisonment was also imposed. This appeal was submitted from the jail and on his request, Adv. Alex A.K. was appointed as the counsel on State Brief. Heard the learned counsel for the State Brief and the learned Public Prosecutor. Examined the records.