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1999 Supreme(SC) 826

D.P.MOHAPATRA, K.T.THOMAS
Sasi – Appellant
Versus
State Of Kerala – Respondent


(1) SIX persons were arraigned before the trial court for offences under Section 20(a)(b)(i) and (ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") besides some other offences. The trial court convicted only 5 among them and acquitted the 6th accused. The convicted persons were sentenced to varying periods of imprisonment of which the maximum is imprisonment for 10 years and a fine of Rs 1,00,000. All the 5 convicted persons filed appeals before the High Court but a Single Judge of the High Court confirmed the conviction and sentence and dismissed the appeals. Those convicted persons have now come up with these appeals by special leave.

(2) THE case of the prosecution against the aforesaid convicted persons is as follows: PW 1 Forest Range Officer, accompanied by his colleagues, PW 2 and PW 3 went to the forest area in Palamala Reserve Forest on 2-2-1990 on information that ganja cultivation was being made in large scale inside the reserve forest. When the witnesses reached a particular spot they found a shed and they noticed 5 persons sitting there. On seeing the Forest Officers nearing the above shed the 5 person










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