RAMESH, S/O. MAYAN, PUZHAKKARAYIL, BAISONVALLEY, KURANGUPARA BHAGOM Vs. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) (1) Whether the appellants could be treated as persons accused of an offence till the seizure of ganja involved in this case

(2.) Appellants are A1 and A3 in Sessions Case (NDPS) No. 14 of 2007 of the Special Court for NDPS Act Cases, Thodupuzha, who stand convicted under Sec. 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act, 1985') and each of whom sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 25,000.00, in default, to undergo rigorous imprisonment for 6 more months. The court below acquitted A2.

(3.) The prosecution case is that on 26.03.2007 at 8.30 p.m., the appellants were found keeping 18 Kgs. of dried ganja beneath a tree near the Bodimettu check post, around 15 Kms. away from Pooppara Junction.