PARAMESWARAN @ THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant is the accused in S.C(NDPS) No.12/2007 of the Special Court for NDPS Act Cases, Thodupuzha, who stands convicted under Section 20(b)(ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as 'the NDPS Act') and sentenced to undergo rigorous imprisonment for two years and to pay a fine of 25,000/-, in default, to undergo rigorous imprisonment for six more months.

(2.) The prosecution case is that on 17.11.2006 at 11 a.m., the accused was found in possession of 2.700 kgs. of ganja for the purpose of sale at the Panchayath road leading to Santhigram colony of Vadavathoor in Vijayapuram Village, in contravention of the provisions of the NDPS Act.

(3.) The offence was detected by PW1 Circle Inspector of the Anti-Narcotic Special Squad, Kottayam. While, he along with his party were on patrol duty, he received an information that the accused was standing with ganja at the road side near the junction from where the road to Harijan colony starts. He recorded the information in writing and forwarded the information to PW2 Assistant Commissioner of Excise. On reaching the place, he could see the accused standing near the public tap by holding a big shopper in his hand. On seeing PW1 and party, the accused tried to move away. He was stopped, and he was made aware of his rights under Section 50 of the NDPS Act for his body search. The accused wanted the presence of a gazetted officer for his body search. The said request was also recorded as Ext.P2.