STATE OF KERALA Vs. NIYAS

JUDGEMENT

(1.) Feeling aggrieved, State has come up in appeal challenging the judgment and order of acquittal passed by the II Addl. Sessions' Judge, Ernakulam who tried the accused respondent for the offences punishable under S.8(c) read with S.21 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the NDPS' Act) in C. C. No. 49/93. The acquittal was based on a clear finding recorded by the Trial Court to the effect that PW 5, the Searching Officer had not intimated accused respondent about the existence of right to be searched in the presence of a gazetted officer or a magistrate before search of the person of him was made.

(2.) The gravemen of the charge levelled against the accused respondent in the challan laid by PW 4 who verified the investigation conducted was that he was in unlawful possession of 200 gms. of brown sugar in contravention of the provisions of the NDPS Act or any rule or order made or conditions of licence granted thereunder.

(3.) The prosecution story as emerged from the evidence can be stated as follows: