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2004 Supreme(Ker) 219

K.A.ABDUL GAFOOR
Maheswari A @ Gomathi – Appellant
Versus
P. Jaideep, Deputy Director – Respondent


Judgment :-

The appellant is the accused in S.C.No.1289/2000 on the file of the Special Judge (for trial of cases under the NDPS Act). Thiruvananthapuram. She has been charged with offences punishable under Sections 20(b)(ii), 21 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’). She was found guilty and was convicted under those counts.

2. The occurrence was on 27.9.2000, before the enforcement of the amendments as per Act 9/01, but the conviction was on 16.11.2001, after such enforcement. The quantity of the psychotropic substances (cannabis plant and hashish oil) involved violating Section 20(b)(ii) of the Act was 158 grams, whereas the quantity of heroin, a narcotic drug, to invite punishment under Section 21 was 100 grams. The interception of the accused was at Thiruvananthapuram. Airport, while she was proceedings overseas from Trichy to Maldives. She did possess Exts.P1 to P4 air ticket and other travel documents to show that she had to fly on the same day to Maldives. Therefore, she had attempted export of the said drug and psychotropic substance; thereby committing an offence under Section 23 of the Act. Considering the evidence on rec

















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