BIJU S/O. AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the 1st accused in S.C (NDPS) No.8/2008 of the Special Court for the trial of NDPS Act Cases (Additional Sessions Court), Thodupuzha. He and three others faced prosecution before the court below on the allegation that at about 6 p.m on 6.12.2007 at Adappoothazham within Kumaramangalam village of Thodupuzha Taluk, two among them were found transporting huge quantity of 14kgs of dried ganja in the pick-up van No.KL-06C-228. The said vehicle was intercepted by the Deputy Superintendent of Police, Thodupuzha during his patrol. When he gave signal to stop the vehicle, the driver sped it off, but the Police party chased the vehicle and seized it. The appellant herein was the Driver of the said vehicle at that time. When the Police party led by the Dy.S.P obstructed the vehicle, another person found inside the vehicle ran off and escaped. He was identified as second accused. When interrogated by the Police, the accused Nos.1 and 2 revealed that the huge quantity of ganja transported by them was meant for supply to two other persons. They were arraigned as accused Nos. 3 and 4. The 1st accused was arrested on the spot by the Dy.S.P, and the huge quantity of ganja contained in 7 packets of 2 kgs each was seized as per a mahazar. The accused and the properties were produced at the Police Station where the Dy.S.P himself registered the crime. After investigation, he submitted final report in court against the four persons under Sections 20 (b) (ii)B 29 (1) and 31 of the Narcotic Drugs and Psychotropic Substances Act (for short "N.D.P.S Act").

(2.) All the four accused appeared before the trial court and pleaded not guilty to the charge framed against them under Sections 20(b) (ii) B of the N.D.P.S Act. The prosecution examined 16 witnesses in the trial court and proved Exts.P1 to P22 documents. The MO1 to MO9 properties including the seven packets of ganja were also identified during trial by the material witnesses. When examined under Section 313 Cr.P.C, all the accused denied the incriminating circumstances and projected a defence that they have nothing to do with the ganja found in the vehicle by the Police. The defence also contended that the prosecution story is unbelievable, that seven packets of ganja of 2 kgs each could be carried at the engine space of the vehicle in between the bonnet and the engine. However, the accused did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused Nos.1 and 2 guilty under Section 20 (b) (ii) B read with Section 29 (1) of the N.D.P.S Act. The accused Nos.3 and 4 were found not guilty, and accordingly they were acquitted. On the date of pronouncement of the judgment, the 2nd accused remained absent in court. In such a circumstance, the case against him was split up and refiled, and the 1st accused was heard on the question of sentence.