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2003 Supreme(SC) 1094

N.S.HEGDE, B.P.SINGH
P. P. Fathima – Appellant
Versus
State Of Kerala – Respondent


JUDGMENT

Santosh Hegde, J.-The appellant was convicted for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act as it stood then (the Act) by the Special Judge (NDPS Cases), Vadakara, and was sentenced to undergo RI for 10 years, and a fine of Rs. 1 lac was imposed; in default the appellant was directed to undergo further sentence of simple imprisonment for 3 months. Appellant s appeal to the High Court of Kerala at Ernakulam as against the judgment of said Special Court came to be dismissed by the impugned judgment of the High Court. Hence, the appellant is in appeal against the said judgment.

2. Brief facts necessary for the disposal of this appeal are that on 3.8.1999 PW-1 Sub-Inspector of Police of Police Station Nadakkavu received information that a middle-aged lady was selling brown sugar in Santhinagar Colony, Kannur behind the canteen of the Industrial Estate. On receipt of said information PW-1 sent a report to his superior officers and proceeded to the place mentioned in the information along with a lady constable. They found the appellant at the place as mentioned in the information. Then on the suspicion that the appellant was carry









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