RADHAKRISHNAN S/O. CHOZHYKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 20(b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act (for short "N.D.P.S Act") in S.C 1103/2008 of the Special Court for the trial of NDPS Act Cases (Additional Sessions Court (Adhoc -I), Thrissur.

(2.) The prosecution case is that about 2.30 p.m on 25.5.2000, at Vazhimukku on the Ambedkar Colony Road within the Anthikkadu Excise Range, the accused was found possessing 1.050 kgs of Ganja. The offence was detected by the Circle Inspector of Excise, Thrissur during his patrol duty. The party led by him saw the accused carrying a big shopper in his hands. On seeing the Excise team, the accused got perplexed, and tried to conceal the big shopper. When the Circle Inspector opened it on suspicion, he found a packet containing some quantity of ganja. The accused was arrested and the contraband articles were seized as per a mahazar. He produced the accused and the properties at the Excise Range Office, Anthikkadu, where an Excise Inspector registered the crime and occurrence report. He investigated the case, and submitted final report in court.

(3.) The accused appeared before the trial court on summons and pleaded not guilty to the charge framed against him under Section 20(b)(i) of the N.D.P.S Act. The charge was framed under Section 20 (b) (i), and conviction was also made under Section 20 (b)(i) of the N.D.P.S Act, but the correct law must be Section 20 (b) (ii)B of the N.D.P.S. Act.