MURUKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals are filed by the second and first accused respectively, challenging the conviction and sentence in S.C.No.22 of 2011 by which they were convicted and sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.10,000/- each for the offence punishable under Section 20(b)(ii)(B) of the NDPS Act.

(2.) The case of the prosecution was that on 16.06.2010 at about 3.15 p.m., while PW2, the Circle Inspector of the Excise Enforcement and Anti Narcotic Squad was on a patrol duty, he got a secret information that the accused are dealing with narcotic drug at a specified place, near the railway station. He informed his superior officer over telephone and proceeded to the spot. They found three persons involved in some activity. On seeing the search party, they got perplexed, one of the member ran away and another attempted to escape. The police party apprehended two among them while the third person fled from the scene. They were intercepted and it was suspected that they were in possession of ganja. The right of the accused to have a search conducted in the presence of a Gazetted Officer or jurisdictional magistrate was made known to them. Thereafter, PW3 Circle Inspector, Kollam was informed and was requested to reach the spot. He rushed to the spot and thereafter, a personal search was conducted. The search revealed 18 packets weighing 60gms in the possession of the first accused. From a bag carried by the second accused, 2.010kg was recovered. From them, two samples were drawn and after completion of all initial formalities, they were arrested, samples were sealed, packed, labelled and contemporaneous documents prepared. They were taken to the excise office and crime and occurrence report prepared. They were produced before the magistrate and remanded. After Investigation final report was laid. Both the accused pleaded not guilty and demanded trial. On the side of the prosecution, PWs.1 to 7 were examined and Exts.P1 to P12 were marked. MO1 to 3 were identified. The court below on an evaluation of the available materials concluded that both the accused have committed the offence alleged against them. They were convicted and sentenced to undergo rigorous imprisonment for the offence proved against them. Both the accused have preferred separate appeals. Heard both counsel and examined the records.

(3.) Prosecution is essentially relying on the oral testimony of PWs.1, 2 and 7 to establish the prosecution case. They also seek corroboration from the contemporaneous documents which are Exts.P1, P4, P5 and P6. Ext.P3 is the secret information which was allegedly received by PW2 and recorded under his instructions.