VASANTHA Vs. STATE

JUDGEMENT

(1.) THIS appeal arises out of the judgment of the principal Sessions Judge, Salem District dated 15. 11. 1990 in S. C. No. 122 of 1990. The accused in the above sessions case stood charged under Section 20 (p) (l) of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act)on the allegation that on 10. 2. 1990 at about 11. 25 a. m. , the accused was found in possession of kanja worth about Rs. 2,000 without any valid permit or licence.

(2.) AFTER due trial, the learned Sessions Judge found both the accused guilty under the provisions of the NDPS Act and imposed punishment for one year rigorous imprisonment and a fine of Rs. 200 in default to undergo further imprisonment for two more weeks. It is as against the said judgment, the above appeal has been filed. Even though the evidence in the case undoubtedly point out the quilt of the accused, unfortunately in view of the non-compliance of certain mandatory-provisions in the act, the accused/appellant herein becomes entitled to an acquittal.

(3.) IN view of the above situation, there is no other alternative except to allow the appeal and the above appeal is allowed. .