- (1.) The appellant has been found guilty for the offence punishable under S. 21 of the NDPS Act. The Special Judge sentenced him to undergo imprisonment for a period of 10 years and to pay a fine of Rs. 1 lac with a default sentence for 6 months. The conviction and sentence was challenged by the appellant before the High Court. The High Court confirmed the conviction and sentence.
(2.) The prosecution case against the appellant was that on 23-2-2000 at about 4.15 p.m. the appellant was found in selling brown sugar. The P.W. 2 Sub-Inspector of Police of Nadakkavu Police Station got information that somebody was selling brown sugar and he recorded this information, copy of the same sent to immediate superior and along with the police party went to the place and he found the appellant there. On seeing P.W. 2 and others, the appellant tried to escape from the place and P.W. 2 prevented him from going and told him that it was suspected that the appellant was having brown sugar with him and his body is to be searched. P.W. 2 also apprised the appellant of his right under S. 50 of the NDPS Act, and the appellant declined to have the privilege of his body being searched in the presence of Magistrate/Gazetted Officer and, therefore, a search was conducted and from the pocket of the appellant small packets were recovered wherein brown sugar was found. P.W. 2 prepared a Mazhar and recovered the same. On the side of the prosecution P.Ws. 1 and 3 were examined. The appellant alleged that he was falsely implicated in the case and in order to prove that D.W. 1 and D.W. 2 were examined. Ext. P-1 and P-2 documents were also marked. Ext. P1/Chemical Analyst shows that the article recovered from the appellant was brown sugar.
(3.) The appellant alleged that there was violation of S. 50 of the NDPS Act and he also contended that he was falsely implicated. Both these pleas were rejected by the Special Judge as well as High Court.;