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SANKARAN NAIR
Sulaiman – Appellant
Versus
State of Kerala – Respondent


Advocates:
Counsel for the parties:
For the Appellant - Mr. T.G. Rajendran & Mr. Sunny Mathew.
For the Respondent - K. Usha, P.P.

JUDGMENT

Sankaran Nair, J. - Appellant stands convicted of the offence under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (called "the Act" hereinafter), on a charge that he was found in possession of 5 grams of brown sugar (diacetyl morphine) at or about 6 p.m. on 17-9-1988 at Chakkumkadavu by P.W. 1, Head Constable. He was sentenced to rigorous imprisonment for ten years, and to a fine of Rs. 1 lakh, with a default sentence of two years. The court below relied on the evidence of P.W s. 1, 2, 5, 6 and 7 to find the charge.

2. P.W. 1 would say that he found the appellant under suspicious circumstances, that he accosted him, that he searched his person, and that he recovered 5 gms. of brown sugar under Ext. p-1. He took on gram from this, divided it into two parts and produced the balance before court as MO 1. P.W. 2 another Head Constable, speaks on the same lines. According to him, one gram of brown sugar was divided into two parts as samples. P.W. 6, a third Head Constable, states that he conducted the investigation, while P.W. 7 Sub-Inspector states that he "verified" the investigation. According to-P.W. 8, a clerk of the Magistrate's Court, each of the

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