LAWS(KER)-2017-11-212

RAFI Vs. STATE OF KERALA

Decided On November 16, 2017
RAFI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant was tried for the offence under Section 20(b)ii(B) of the NDPS Act in SC No. 26 of 2013 by the Special Judge (NDPS Act Cases), Vatakara. The allegation against the appellant was that near the bus stand at Vengara on 29.12.2012 at about 7.15 am, he was found to be in possession of 1.100 kg ganja. The trial ended in his conviction. He has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 75,000/- and in default of payment of the fine to undergo rigorous imprisonment for a further period of six months. The conviction and the sentence are challenged.

(2.) Heard the learned counsel for the appellant (State Brief) and the learned Public Prosecutor.

(3.) The prosecution case is that in the morning on 29.12.2012, PW1 SI of Police got the information that one person was standing near the bus stand at Vengara with a packet of ganja. After complying with Section 42 NDPS Act, he went to the place of occurrence, where he saw the appellant. He had in his hand MO2 series plastic bag. After complying with Section 50 NDPS Act, he searched the MO2 series bag and body of the appellant. In the body search, no contraband was seized, but MO2 series bags contained 1.100 kg dried ganja. Two samples were taken, each weighing 50 gm. They were packed, sealed and labelled. PW5 obtained signatures of the appellant and witnesses and he himself signed the labels.