ABDUL RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal filed under Sec. 374(2) Cr.P.C., the appellant, the sole accused, in S.C.No.390 of 2020 on the file of the Court of Session, Palakkad, challenges the conviction entered and sentence passed against him for the offence punishable under Sec. 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act).

(2.) The prosecution case is as follows: on 15/02/2020 at about 03:50 p.m. PW1, Excise Inspector, Excise Range Office, Palakkad and his party were on routine patrolling duty. When they reached the place of occurrence, that is, the national highway junction from where a new road leads to the railway station at Olavakkode, Palakkad, they saw the accused coming from the railway station with a trolley bag and another bag. When the accused saw the Excise party he became perplexed and started looking around. Suspicions arose and hence the accused was intercepted and the bags in his possession were inspected. On examination it was found that the trolley bag contained 6 packets and the other bag contained packets wrapped with brown paper and sealed with cello tape. On examining the contents of the packets, it was found to be ganja. The contraband was found to have a weight of 21 kilograms. Hence, the contraband was seized and the accused arrested. Thus, as per the complaint filed, the accused is alleged to have committed the offence punishable under Sec. 20(b)(ii)(c) of the Act.

(3.) Crime no.20/2020, Excise Range Office, Palakkad, that is, Ext.P6 crime and occurrence report was registered by PW1, the detecting officer. PW5, the Excise Circle Inspector, Palakkad conducted the investigation and on completion of the investigation submitted the final report alleging the commission of the offence punishable under the aforementioned Sec. by the accused.