K.K.MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision petition is filed under Sec. 397 R/W Sec. 401 of Cr.P.C, by the accused in C.C.No.355 of 2009, on the file of the Judicial First Class Magistrate-I, Kottayam. By the judgment dtd. 10/9/2013 passed by the learned Magistrate in that Calender Case, the petitioner was convicted for the offence under Sec. 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the 'NDPS Act' for short), and sentenced to undergo rigorous imprisonment for three months. Crl.A.No.340 of 2013 filed by the petitioner before the Sessions Division, Kottayam, was ended in dismissal as per the judgment dtd. 7/1/2015 of the Additional Sessions Judge-I, Kottayam. Hence, the petitioner is before this Court with this revision petition.

(2.) The prosecution case is that, on 12/6/2008, at about 10.00 p.m., the petitioner-accused was found transporting 520 grams of Ganja in an autorickshaw bearing Registration No. KL- 5A-1704 through the Kooropada-Oravackel road with an intention to sell the same at Ariparambu. The offence was detected by the Excise Circle Inspector, Kottayam, in front of a waiting shed near Mahadevar Temple at Ariparambu. According to the prosecution, on intercepting the autorickshaw and searching the vehicle, the Circle Inspector and party found the aforementioned contraband article from the dashboard of the vehicle and seized the same.

(3.) During trial, in order to prove the guilt of the accused, the prosecution examined PWs 1 to 11 and marked Exts.P1 to P9 documents and also identified MOs 1 to 3 material objects. No defence evidence was adduced from the side of the accused. After hearing and on appreciation of the evidence on record, the trial court found the petitioner-accused guilty of the aforesaid offence and sentenced him as mentioned above, which was confirmed in the appeal.