ANEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant assails the verdict of guilty apart from the consequent conviction and sentence imposed upon him under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). By the impugned judgment, appellant has been sentenced to undergo rigorous imprisonment for a period of thirteen years and to pay a fine of Rs.1,00,000.00, with a default sentence.

(2.) The prosecution alleged that on 21/10/2011, the accused was found in possession of 174 ampules of Lupigesic and 24 unlabelled ampules. Prosecution further alleged that each ampule contained 2 millilitres (ml) of contraband and 12 of the ampules were found in the pocket of the pants of the accused, apart from Rs.200.00 found in his shirt pocket and thereby the accused committed the offences alleged.

(3.) The prosecution case was attempted to be proved through PW1 to PW6, apart from Exhibit P1 to Exhibit P20 and material objects MO1 to MO5, while the defence tried to justify the claim of innocence of the accused and marked Exhibit D1. However, after analysing the evidence adduced in the case, the Trial Court found the accused guilty and sentenced him as mentioned earlier.