ROSAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. 73/1996 on the file of the Sessions Court, Kozhikode, is the appellant. The appellant was convicted and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1 lakh, on default of payment of fine to undergo rigorous imprisonment for a further period of 3 years for an offence u/S. 21 of the Narcotic Drugs and Psychotropic Substances Act (for short the Act). Aggrieved by the above conviction and sentence, the accused preferred this appeal.

(2.) The case against the appellant was that she was found to be in possession of 18.5 grams of brown sugar kept in 97 small polythene packets by about 7.15 p.m. on 22-1-1996 at the footpath near the beach road junction near the Bangladesh Colony and thereby committed offence u/S. 21 of the Act. When the charge was read and explained to the appellant, she pleaded not guilty. On the prosecution side P.Ws. 1 to 6 were examined and Exts. P-1 to P-8 were marked. M.Os. 1 to 3 were identified. When questioned u/S. 313, Cr. P. C., she denied the correctness of the incriminating evidence against her and contended that the case was falsely foisted against her at the instance of P.W. 6, the Circle Inspector of Police, against whom she had preferred Ext. D-1 complaint before the higher officials regarding the partisan approach made by him in respect of a complaint made by her against some other persons. Exts. D-1 and D-2 were marked on her side.

(3.) The learned counsel for the appellant and the Public Prosecution were heard.