ROY SANDEEP SANKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a Jail Appeal filed by the accused in Sessions Case No. 590/2015 on the files of the Court of the Sessions Judge, Ernakulam. The conviction is under Section 20(b) (ii)B of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as the NDPS Act). The sentence is to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 1,00,000/- in default of payment of the same, to undergo Rigorous Imprisonment for a further period of 6 months.

(2.) The prosecution case in a nutshell is that, on 31.07.2015 at about 9.00 pm, the accused was found in possession of 1.150 Kgs of ganja and thereby committed the offence. Prosecution altogether examined 5 witnesses and Exts.P1 to P15 marked. MO1 to MO8(a) were also identified. After appreciating the evidence, the court below convicted the accused and sentenced as stated above.

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant raised two points before this court.