ANILKUMAR.B Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Crl.A. No. 1055 of 2017 is the sole accused in S.C.No. 502 of 2016 of the Court of Session, Ernakulam. He faced trial before the learned Additional Sessions Judge-VII, Ernakulam, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act ) on the allegation that at about 5.10 p.m. on 22.03.2016, he was found possessing 21.500 kgs of ganja. After full trial, the trial court found him guilty only under Section 20(b)(ii)(B) of the NDPS Act. Though the prosecution would allege that he was found possessing 21.500 kgs of ganja, the trial court, on an examination of the available evidence found that the actual quantity of ganja must be below 20 kgs. Accordingly, the trial court convicted the accused under Section 20(b)(ii)(B) of the NDPS Act. On conviction, he was sentenced to undergo rigorous imprisonment for five years, and to pay a fine of Rs.25,000/-. The said judgment of conviction dated 28.09.2017 is under challenge in this appeal.

(2.) Challenging the finding of the trial court that there is no evidence to find the accused guilty, or to convict him under Section 20(b)(ii) (C) of the NDPS Act, and as against the judgment of conviction under Section 20(b)(ii)(B) of the NDPS Act, the State filed Crl.A. No. 112 of 2018. Both the appeals were heard together.

(3.) When the two appeals came up for final hearing, the learned counsel for the convicted accused submitted on instructions that the appellant does not want to prosecute the appeal, and that since he has been undergoing sentence continuously ever since the date of arrest (22.03.2016), the accused has instructed him not to press the appeal. It is submitted that having undergone substantial portion of the sentence, the accused has decided to serve out the whole period, and abandon the appeal. Since the learned counsel has made the said submission on proper instructions, the submission is accepted and recorded, and accordingly, Crl.A. No. 1055 of 2017 is dismissed as not pressed.