BENNY SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C. No. 573 of 2011 on the file of the Additional Sessions Judge (Adhoc-I), Ernakulam and he is challenging the conviction and sentence imposed on him for the offence under Sec. 22(b) of the Narcotic Drugs and Psychotropic Substances, Act, 1985 ('NDPS Act' for short) as per the impugned judgment dtd. 21/4/2012.

(2.) As per the prosecution case, the accused was found in possession of 3 ampules of diazepam of 2 ml. each and 9 other ampules without any labels on search of his person by PW1, the then Sub Inspector of Police, Harbour Police Station, Kochi on 14/9/2011 at 11.30 a.m. It is stated that while PW1 and party were patrolling in the area, they saw the accused in a suspicious circumstance. The accused was arrested at the spot and after effecting recovery, crime was registered by PW1 and thereafter PW6, the then Circle Inspector, conducted the investigation and filed the final report.

(3.) When the accused pleaded not guilty to the charge, PWs 1 to 6 were examined and Exhibits P1 to P10 and MOs 1 to 4 were marked from the side of the prosecution. No evidence adduced from the side of the accused.