LAWS(KER)-2007-1-38

ISMAIL ALIAS ISMU Vs. STATE OF KERALA

Decided On January 12, 2007
ISMAIL @ ISMU Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) In this appeal preferred from the Central Prison, Kannur the appellant who was the sole accused in S. C. 404 of 2005 on the file of the Sessions court, Ernakulam challenges the conviction entered and the sentence passed against him for an offence punishable under Section 22 (c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as N. D. P. S. Act) for short.

(2.) The case of the prosecution is that on 29-6-2004 some time about 12 noon the accused was found in possession of 25 ampules each of 2 ml. of Buprenorphine (that is a psychotropic substance) and since the said possession was in contravention of the prohibition under Section 8 (c) of the N. D. P. S. Act, the accused has committed an offence punishable under Sec. 22 (c) of the N. D. P. S. Act got marked as 12 documents as Ext. P1 to P12 and 8 material objects as MOs 1 to 5 and MOs 5 (a) to 5(c).

(3.) xxx xxx