BENCILY BOY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE second accused, who stands convicted for offence punishable under Section 20(b)(ii)(B) of NDPS Act to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 50,000/ -, by the Additional Sessions Judge (Adhoc -I) Ernakulam, is the appellant herein.

(2.) THE case of the prosecution is that, on 14/5/2006 at about 3.00 p.m., the Circle Inspector of Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, got a reliable information from the Excise Inspector, Karunagappilly, that two persons were carrying huge quantity of ganja in a suit case in Patna Express and were likely to alight at Aluva Railway Station. Immediately, the Excise Party was alerted and they proceeded to the Aluva railway station. They intercepted two persons, who were standing in the railway station, carrying two suit cases and one person carrying an air bag. They were searched and it was revealed that they were in possession of 30 kgs of dried ganja. The appellant herein was carrying a black suit case containing 14.400 kgs. and the air bag carried by the first accused contained 1.500 kgs of ganja. A suit case carried by the first accused contained 14.100 kgs of ganja. After completion of the initial formalities, including drawing of samples, accused were arrested and taken into custody. The investigation was completed by PW 9, who laid final report against the accused for offence punishable under Section 20(b)(ii)(C) of the NDPS Act. In the meanwhile, the first accused absconded. The third accused, who was alleged to be the person for whom it was brought, could not be apprehended. Hence, the second accused alone was tried before the court below. On the side of the prosecution, PW 1 to PW 9 were examined and Exts. P1 to P13 were marked. MOs 1 to 21 were identified. On the side of the accused, DW 1 to DW 3 were examined and Ext. D1 was marked. The court below, on an evaluation of the available materials, found the accused guilty, convicted and sentenced to undergo simple imprisonment for seven years and to pay a fine of Rs. 50,000/ -. The second accused has approached this Court in appeal.

(3.) THE prosecution, to establish the allegation against the accused, relied on the oral testimonies of PW 1 to PW 5, corroborated by the contemporaneous documents marked as Exts. P1, P2 and P3. The oral testimony of PW 1 to PW 5 were sought to be corroborated by the testimony of PW6 and PW 8. PW 1 is the detecting officer, who was the Circle Inspector of the Excise Special Squad. He deposed that on 14/5/2006, at about 3 p.m. he got a secret information from PW 6 who was the Excise Range Inspector, Karunagapally that two persons were traveling with contraband items by Patna Express and it was expected to reach Aluva Railway Station. PW 1 deposed that pursuant to this information, he deputed three officers for secret surveillance at Aluva Railway Station. On finding two persons carrying brief cases and air bag in suspicious circumstances, they alerted PW 1 and his party, who reached the spot and intercepted the accused. The process, thereafter, resulting in the search, seizure and weighing of the contraband, drawing of samples, labeling, sealing and finally in the arrest of the accused and preparation of the contemporaneous documents were spoken in detail by PW 1. The crucial contemporaneous document is Ext. P1, which is the seizure mahazar. It contains meticulous details of the entire process. Exts. P2 and P3 are the arrest memos in relation to accused 1 and 2. The allegation of the prosecution was that the contraband totaling 30 kgs recovered from both the accused was intended to be delivered to the 3rd accused.