R.P.SETHI, D.M.DHARMADHIKARI
Abdul Rahiman – Appellant
Versus
State of Kerala – Respondent
1. For allegedly possessing 11 gms. of opium without licence, the appellant has been convicted under S.9(c) read with S.18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act"). He has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lakh and in default of payment of fine, to suffer further rigorous imprisonment for six months. It is stated at the bar that the appellant has already undergone sentence of about 8 years.
2. No one has appeared for the appellant. From the memo of the appeal, it is found that the conviction and sentence awarded to the appellant has been assailed mainly on the ground of violation of the provisions of S.42 and 50 of the Act. The learned counsel, appearing for the respondent State has, however, contended that as there was substantive compliance of the provisions of the Act, no interference is called for.
3. According to the prosecution, the Sub Inspector of police received a telephonic message on 6.10.1990 at about 8.30 a.m. that narcotic drugs were being sold at T.C. junction. He recorded the information in the general diary and proceeded to the scene of occurrenc
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