HARRIS Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in Sessions Case No.36 of 2007 of the Court of the Special Judge (NDPS Act Cases), Vatakara. A1, who is the 1st appellant herein, stands convicted under Section 20(b) (ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to 'the NDPS Act') and sentenced to undergo rigorous imprisonment for one and a half years and to pay a fine of Rs.10,000/-, in default to undergo rigorous imprisonment for six more months. A2, who is the 2nd appellant herein, stands convicted under Section 20(b) (ii)A of the the NDPS Act and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.3,000/-, in default to undergo rigorous imprisonment for one more month.

(2.) PW-1 was the Circle Inspector of Excise attached to the Excise Enforcement and Anti-Narcotic Special Squad, Kozhikode. While he along with the Excise party were on patrol duty on 25.10.2004, they could see the accused walking through the side of the road near the main gate of the District Ayurvedic Hospital at Puthiyangadi amsom desom of Kozhikode Taluk, by carrying two plastic bags in their right hand.

(3.) On seeing the Excise party, the accused attempted to move away. They were stopped and they were made aware of their right to have their body searched in the presence of a Magistrate or Gazetted Officer. The accused wanted the presence of a Gazetted Officer. Thereupon, PW-1 procured the presence of PW-7, who was the Circle Inspector of Excise, Kozhikode, being a Gazetted Officer, at 3 p.m. On the body search of A1, nothing was recovered. The examination of the plastic bag held by A1 revealed the presence of 1,800 grams of ganja. A sample of 25 grams was drawn and the contraband was seized. A1 was placed under arrest.