VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction passed by the learned Ist Additional Sessions Judge, Trivandrum convicting the accused-appellant for the offence punishable under S. 20 (b) (i)of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the ndps Act') and sentencing him to undergo rigorous imprisonment for 5 years with a default clause.

(2.) THE sum and substance of the prosecution case is that appellant-accused was found in possession of 160 gms. of ganja when the person of him was searched by P. W. 6 who was the then Circle Inspector of Police Fort police Station, Trivandrum . THE offence was alleged to be committed on 5-5-1994 at 4 p. m. When the police party consisting of P. Ws. 7, 4 and 5 was patrolling the area they found the appellant with a packet in his hand. Entertaining suspicion. P. W. 7 got down from the jeep and went near to the accused-appellant. On questioning him it was revealed that the packet he was holding in his hand contained ganja. That fact was immediately informed by P. W. 7 to his immediate superior officer (P. W. 6 ). P. W. 6 conducted search of the person of the accused-appellant and he was found in possession of 160 gms. of ganja in contravention of the provisions of the ndps Act. Thus, it is alleged by the prosecution that the appellant-accused committed offence punishable under S. 20 (b) (i) of the NDPS Act.

(3.) THE learned Public Prosecutor also fairly conceded before me that though it is the case of the prosecution that search of the person of accused-appellant was conducted and the contraband was seized from him on conducting search of his person there is no case for the prosecution that there was compliance of mandatory requirements of S. 50 of the NDPS Act.