Harun-.Ul-.Rashid, J. - (1.)The second accused in Sessions Case No. 1285 of 2005 in the Court of the Session, Palakkad Division, is the appellant. The appeal is directed against the judgment dated 5.10.2010. The appellant/accused and another were prosecuted for the offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act. The court below found that accused Nos. 1 and 2 are guilty of the offence and are convicted and sentenced to undergo rigorous imprisonment for a period of 10 years (each of the accused) and to pay a fine of Rs. 1,00,000/- in default to undergo simple imprisonment for one year. The first accused died after passing the impugned judgment. Parties are hereinafter referred to as arrayed in the sessions case. The prosecution case is that on 16.3.2005 in the early hours at 3.30 a.m., PW 1 and his party saw the accused moving along the road side carrying plastic sacks on their heads. The police party were returning to the police station in the station vehicle. On seeing the police, the accused tried to run away. The first accused was apprehended with the sack, he had in possession. The appellant/accused dropped the sack he had and ran away and escaped. The second accused could not be caught even though the police men put up a chase. The contents of the sacks were checked and found to be ganja. The sack held by the first accused had 14 kg of ganja and A2 had 18 kgs. The first accused was arrested on the spot. Samples were taken from the ganja found in the sacks separately. Contraband articles were seized. PW 1 registered the crime. PW 5, Circle Inspector, conducted the investigation. PW 5 arrested the second accused on 20.4.2005. PW 5 conducted the investigation which was completed by PW 6.
(2.)The prosecution examined PWs 1 to 6 and marked Exts. P1 to P12. MOs 1 and 2 were marked. In the 313 statement, the accused denied the evidence against him as false and further pleaded innocence.
(3.)PW 1 is the Assistant Sub Inspector, Mannarkkad Police Station. PW 1 and his party had duty in connection with festival in a temple on the date of occurrence. PW 1 deposed that while PW 1 and his party were returning to the police station in the department jeep during the early hours at about 3:30 a.m. on 16.3.2005, they reached the place called Manaladi. The police party saw both the accused walking alongside with sacks on their heads. On suspicion, the jeep was stopped to question the accused. When they approached the accused, the second accused dropped the sack from his head and ran away. The sack found in possession of the first accused and that dropped by the second accused were examined in the presence of the witnesses. PW 1 further testified that the name and details of the second accused were gathered from the first accused. The samples were taken and remaining ganja were seized as per Ext. P1 mahazar. The first accused was arrested. Exts. P2 and P3 were the arrest memo and the inspection memo prepared for the arrest of the first accused. PW 1 registered the crime as per Ext. P4 FIR. He also identified MO 1 and MO2 as the sacks with ganja after taking samples. PW 2, a Forest Guard was on duty at the forest check post at the place called Manaladi. He attested Ext. P1 mahazar. Ext. P7 is the carbon copy of the report submitted by PW 1 for the arrest of the first accused and seizure of contraband. PW 5 prepared Ext. P6 scene mahazar. PW 5 arrested the second accused on 20.4.2005. Exts. P8 and P9 are the arrest memo and the inspection memo respectively. PW 3 is the Village Assistant who prepared the site plan and PW 4 is a witness to Ext. P6 scene mahazar. On receipt of Ext. P12 chemical examination report, PW 6 concluded the investigation and laid charge sheet against the accused.