ANNATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is preferred challenging the judgment of conviction and sentence in CC 8/2002 on the files of the Special Court for N.D.P.S. Cases, Thodupuzha. The conviction is under Section 20(b)(ii)(c) of NDPS Act. The sentence is to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 25,000/- with default rigorous imprisonment for one year.

(2.) The prosecution case in a nutshell is as follows: On 19.8.2001 at about 12.30 noon, the C.I of Police, Munnar got a telephonic message that one Krishnaswamy S/o Mukkayya of Pallanad Kara in Marayoor village was possessing ganja. On getting this information, the C.I obtained sanction from the Dy. S.P., Munnar to proceed further in the matter. Thereafter he along with the S.I of Police, Marayoor approached the 1st accused Krishnaswamy and on his disclosure statement proceeded towards the house of the appellant herein and recovered 46.9 kgs of ganja. Crime was registered, investigated and charge was filed. Prosecution altogether examined 8 witnesses and Exts.P1 to P20 were marked. MOs 1 to 8 were also marked. After appreciating the evidence, the court below convicted the 2nd accused/appellant herein and sentenced as stated above. The challenge is against the said conviction and sentence.

(3.) When the appeal came up for hearing, the learned counsel appearing for the appellant vehemently submitted before this court that here is a case where there is violation of Sections 42 and 50 of the NDPS Act. It is also the submission of the learned counsel that the appellant is an aged woman and now she is fully laid up and there is nobody else to look after her.