A. PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant assails the conviction and sentence imposed by the Special Judge, NDPS Act cases, Vadakara in S.C. No. 3/2006 on a finding that he was found in possession of 500 grams of opium which is an offence under Section 18(c) of the NDPS Act.

(2.) The prosecution allegation was that on 09.09.2004, PW1 the Detecting Officer, who was the SI of Police, Thalassery Police Station got secret information about one person handling drug at a specified place. This was recorded in the G.D. and he proceeded to the spot with the Police party. The accused was intercepted, search was conducted and 500 grams of opium and cash were recovered from him. He was arrested at the spot. After completion of initial formalities and preparation of contemporaneous documents, he was produced in court. After investigation, final report was laid.

(3.) Accused pleaded not guilty and demanded trial. Prosecution let in oral testimony of PW1 to PW9, marked Exts. P1 to P13 documents and identified MOs 1 to 4. On the basis of the available materials, the court below found the accused guilty and convicted for offences punishable under Section 18(c) of the NDPS Act proved against him. He was sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 25,000/-. In default of it, he was to undergo rigorous imprisonment for one year.