K.N.SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the first accused in S.C. No. 247 of 2008 of the Court of Session, Ernakulam. He and two others faced trial before the learned Additional Sessions Judge (Adhoc-II), Ernakulam, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act on the allegation that they were found possessing and dealing with a huge quantity of ganja at the house of the first accused on 27.02.2008. The offence was detected by a Circle Inspector of Excise attached to the Excise Enforcement and Anti- Narcotic special Squad, Ernakulam, on the basis of secret reliable information. He recorded the information regarding concealment of ganja by the first accused at his house, sent intimation to the superior officer as required under Section 42 of the NDPS Act and proceeded with his party for search of the house of the first accused. Accordingly, he and his party reached there, and first conducted body search of the first accused. No contraband was seized on body search. Thereafter, he conducted a house search, and during search, he could seize a total quantity of 4.430 kgs of ganja concealed at the different parts of the house. The whole quantity was seized by him as per a mahazar and a search list. The second accused is the brother-in-law of the first accused, and the third accused is said to be a carrier supplying ganja to different persons for and on behalf of the first accused. On the basis of the arrest and seizure, the Circle Inspector registered the crime and occurrence report, and another Circle Inspector conducted investigation. After investigation, final report was filed in court under Section 20(b)(ii)(B) of the NDPS Act.

(2.) All the accused appeared before the learned trial Judge, and pleaded not guilty to the charge framed against them. The prosecution examined 15 witnesses, and proved Exts. P1 to P28 documents in the trial court. The MO1 to MO7 properties were also identified.

(3.) All the accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. A witness was examined on their side as DW1.