RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-1-1999 passed by the Sessions Court, Kollam, in S. C. No. 168/96. The accused is the appellant.

(2.) The appellant was indicted for the offence punishable under S. 20(b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in crime No. 177/96 registered by Kilikolloor Police. It is alleged that on 6-8-1996 at about 11-25 a.m. at the bylane proceeding from Palkulangara railway cross to Capex junction in Kilikolloor Village the appellant was found in illegal possession of 16 grams of ganja in 11 small packets for the purpose of sale in contravention of the provisions of the Act and as such he has committed the offence punishable under S. 20(b)(i) of the Act.

(3.) Since the appellant pleaded not guilty of the charge, the prosecution adduced evidence. P.Ws. 1 to 7 were examined and Exts. P1 to P7 and M.Os. 1 to 4 were marked. After the closure of the prosecution evidence, the appellant was questioned under S. 313 of the Code of Criminal Procedure regarding the incriminating circumstances brought out in evidence in this case. No defence evidence was adduced. After hearing both sides and evaluating the evidence on record, the lower Court found the appellant guilty of the offences punishable under S. 20(b)(i) of the Act, convicted and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2000/- in default of payment to undergo simple imprisonment for one week. Hence this appeal is preferred by the appellant before this Court.