GOPI Vs. STATE

JUDGEMENT

(1.) Conviction of the offence under Section 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the Act), is under challenge. The sentence imposed is three years' rigorous imprisonment and a fine of Rs. 30,000/- with default clause to undergo rigorous imprisonment for six months more.

(2.) P.W.5 was the Sub-Inspector of Police, Thiru valla. On 31/8/1991 by about 5 p.m. when he was on patrol duty together with other police officials he saw the accused sitting on the northern verandah of the KSRTC Bus Station, Thiruvalla. Suspicion arose because of the demeanour of the accused and so PW- 5 approached him and questioned him. The replies were not satisfactory and so further probe was made and the suit case in the possession of the accused was got opened and in that 13.150 kgms. of ganja was found. On satisfying that the accused was possessing ganja, the same was seized as per seizure mahazar Ext. P-1, attested by independent witnesses. From out of the total quantity of ganja, portions were taken for sampling, and that was weighed and sealed then and there duly attested by witnesses. Specimen seal wasalso taken. Thereupon, PW- 5 arrested the accused and the case registered and proceeded with.

(3.) In the trial before the Sessions Court, Pathanamthitta, PWs. 1 to 5 were examined and Exts. P-1 to P-7 were marked in evidence on the side of the prosecution. Material Objects are MOs. 1 to 5. On the side of defence one witness was examined and a portion of Ext.P-1 was marked as Ext.D-1. On a consideration of the entire facts and circumstances, the trial Court found that the prosecution proved the offence of the accused beyond reasonable doubt and accordingly, conviction was entered.