ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants herein are the two accused in S.C.No.65/2007 of the Court of Session, Palakkad. They faced prosecution in the court below on the allegation that at about 5.00 a.m. on 27.02.2002, they were found transporting 4.330 Kgs of ganja in two packets, on the motorcycle No.KL-10-M-3276. The offence was detected by the Deputy Range Officer of the Mukkali Forest Range at the Mukkali forest check post. The Deputy Range Officer intercepted the said vehicle, and on suspicion he examined the two plastic bags carried by the accused. The second accused was the rider of motorcycle, and the first accused was the pillion rider. Each was found carrying a bag containing something. When the Deputy Range Officer opened it, and examined the bags, he found 3.100 Kgs of ganja in the bag possessed by the first accused, 1.230 Kgs of ganja in the bag carried by the second accused. He arrested the two accused on the spot, their statements were recorded, and the contraband articles were seized as per a mahazar. On the basis of the arrest and seizure, the crime and occurrence report was registered by him. Investigation was taken over by the Forest Range Officer, and after investigation, he submitted final report in Court. The case came up for trial before the learned Additional Sessions Judge-II, Palakkad as the Special Judge.

(2.) The two accused appeared before the trial court, and pleaded not guilty to the charge framed against them under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The prosecution examined four witnesses in the trial court, and proved Exts.P1 to P11 documents. MO1 and MO2 properties were also identified during trial. When examined under Section 313 Cr.P.C., the two accused denied the incriminating circumstances, and projected a defence that this is a false case foisted against them. They did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found both the accused guilty under Section 20(b)(ii) (B) of the NDPS Act. On conviction, they were sentenced to undergo rigorous imprisonment for five years each, and to pay a fine of Rs.1,00,000/- (Rupees One lakh only) each by judgment dated 17.01.2011. The said judgment of conviction is under challenge in this appeal brought by the two accused.

(3.) When this appeal came up for hearing, the learned counsel for the appellants submitted that there is no proper evidence in this case to identify the properties allegedly seized from the hands of the accused.