VARNAKULA SURYA FLORA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant/accused No.1, who stood charged, tried along with the other accused under Section 8(c) r/w 21(c), 23(c) and 29 of NDPS Act, found A1 guilty under Section 8(c) r/w 21(c) of N.D.P.S.Act and sentenced to undergo 10 years R.I. and to pay a fine of Rs.1,00,000/- and in default of payment of fine to undergo further period of one year R.I., while the second accused was not found guilty in any one of the provisions and was acquitted, has brought forth this appeal.

(2.) The short facts necessary for the disposal of this appeal can be stated thus:

(3.) In order to prove the charges levelled against the appellant and the other accused, the prosecution has examined 7 witnesses and marked 12 exhibits and 12 M.Os. After the evidence of prosecution was over, both the accused were questioned under Section 313 of Cr.P.c. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which the accused flatly denied the same as false. Two documents were marked on the side of the defence. No defence witnesses were examined. On hearing the rival submissions and scrutiny of the materials available, the trial court found the appellant/Accused No.1 guilty and sentenced her to undergo imprisonment as stated supra, but has acquitted the accused No.2 in respect of all the charges levelled against him. Hence, this appeal has been filed by the first accused/appellant herein.