BIJU @ KOPPARA BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C. No. 160 of 2016 of the Court of Session, Alappuzha. He faced prosecution before the learned Additional Sessions Judge-I, Mavelikkara (Special Judge for NDPS Cases) under Section 20(b)(II)(B) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) on the allegation that at about 5.00 p.m. on 10.07.2015, he was found possessing 1.250 kgs of ganja at Chengannur.

(2.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him under Section 20(b)(II)(B) of the NDPS Act. The prosecution examined six witnesses, and proved Exts.P1 to P14 documents in the trial court. The MO1 to MO4 properties were also identified during trial.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and projected a defence that he was in fact taken into custody by the excise officials at Palakkad, and a false case was foisted against him by using some quantity of ganja procured from somewhere for the reason that his wife had made a complaint against the Excise Inspector. The accused examined his wife in defence as DW1, and also proved Exts.D1 to D3 documents.