MUHAMMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE sole accused who stands convicted for offence punishable under Section 20(b)ii(B) of the NDPS Act by the Sessions Court (Special Judge NDPS Act Cases), Vadakara is the appellant herein.

(2.) THE prosecution alleged that the S.I. of Nilambur on 28.09.2009 got a secret information that an identifiable person in possession of ganja was standing at a specified place. After preparing an intimation to the C.I. of Police, Nilambur, he immediately proceeded with the party to the scene. On reaching the spot, a person, satisfying the identification marks conveyed to him, was found near a bridge. He was immediately intercepted and identity of the Detecting Officer was disclosed. He also disclosed his intention to have the body search of the accused, whereupon he declined to accept the offer to have the presence of judicial magistrate or a gazetted officer and opted that Detecting Officer himself can conduct the search. Thereupon, body search was conducted and from the plastic bag which he was carrying, 1.47 kgs of ganja was recovered. Samples were drawn, packed in separate packets, sealed, labelled and contemporaneous documents were prepared. He was arrested at the spot and thereafter, crime was registered. He was produced along with the contraband articles before the Court. Investigation was conducted and after its conclusion, final report was laid for offence punishable under Section 20(b)ii(B) of the NDPS Act.

(3.) HEARD both sides and examined the records.