AKBAR @ KUNHOOTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein challenges the conviction and sentence against him under Section 20(b)ii(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in S.C.No.18 of 2013 of the Special Court for the trial of NDPS Act cases, Vatakara.

(2.) He faced prosecution on the allegation that at about 9.15 p.m. on 31.12.2012, he was found carrying 1.3Kgs of ganja on the southern side of the railway foot over bridge at Kuttippuram. The offence was detected by the Sub Inspector of Police, Kuttippuram. He proceeded for detection on the basis of secret reliable information, and when the Sub Inspector and party reached there, the accused was found carrying a plastic bag. When the Sub Inspector opened and examined it in the presence of witnesses, he was found 1Kg of ganja. Though body search of the accused was conducted, no contraband could be seized. The ganja found in the possession of the accused was seized as per mahazar after taking necessary sample for analysis, and the accused was arrested. On the basis of the arrest and seizure, the Sub Inspector registered the crime. Investigation was made by the Circle Inspector of Police, Kuttippuram.

(3.) The accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against him. He has been in judicial custody since the date of arrest. The prosecution examined six witnesses, and proved Exts.P1 to P11 documents in the trial court. The MO1 and MO2 properties were also identified during trial. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C. He did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for five years, and to pay a fine of Rs.1,00,000/-(Rupees One lakh only).