OCHAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused, who stands convicted in SC No.49/2015 of the Court of Special Judge (NDPS Act Cases) Vatakara,for offences punishable under section 20(b)(ii)(C) of NDPS Act is the appellant herein.

(2.) The prosecution case was that, on 19/1/2015 at about 5.40 p.m., the Inspector of Police of Perinthalmanna police station got a secret information that, a 50 year old person with a dark complexion was standing near Angadipuram police station carrying 4 bags containing ganja. Immediately report under section 42 of the NDPS Act was prepared and forwarded to the superior officer. Thereafter, he along with police party proceeded to the spot in a jeep. The accused who was found in the location with four bags was intercepted. Thereafter, the intention of the inspector to conduct a search was disclosed and offer under section 50 of the NDPS Act was made. The accused demanded the presence of the Tahsildar and, accordingly the Tahsildar was brought to the spot. In his presence, search was conducted. 22 packets of ganja were recovered from four bags. 8 samples with two samples each from each bag were separated. The total quantity of ganja recovered from the accused was found to be 45.200 Kgs. Samples and remaining contraband were packed, label affixed and sealed. After completion of the formalities, the accused was taken to the police station. Crime No.124/2015 was registered and investigation was conducted by PW7, the Inspector of Police, who after completion of the investigation, laid the final report for offence punishable under Section 20(b)(ii)(C) of NDPS Act. The accused denied the allegation and faced the trial before the Sessions Judge.

(3.) On the side of the prosecution, PWs 1 to 7 were examined and Exts.P1 to P14 were marked. MOs 1 to 14 were identified. After completion of the prosecution evidence, the accused was examined under section 313 of Cr.P.C.. Thereafter, the accused was called upon to enter on his defence. DW1 was examined on the side of the accused and Exts.D1, D1(a) and D2 were marked. On the basis of the available materials, the Sessions Judge found the accused guilty of offence punishable under section 20(b)(ii)(C) of NDPS Act, convicted and sentenced him to undergo RI for 15 years and to pay a fine of Rs.1,00,000/-. In default, he was to undergo RI for one year more. Set off under section 428 of Cr.P.C.was also allowed. Aggrieved by the above conviction and sentence, the accused has preferred this appeal.