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2000 Supreme(Ker) 107

S.MARIMUTHU
Naushad – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This appeal is directed challenging the conviction and sentence delivered by the IInd Addl. Sessions Judge, Ernakulam in C.C. No. 43 of 1995. The learned Sessions Judge found the appellant-accused guilty under S. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") and thereby sentenced him to undergo Rigorous Imprisonment for 10 years and also to pay a fine of Rs. 1 lakh, in default in the payment of fine to undergo simple Imprisonment for a period of one year on the following facts and evidence let in by the prosecution.

2. P.W. 11, the Sub Inspector of Police attached to the Mattancherry Police Station, would testify that he received a phone call at about 12-15 p.m. on 29-6-1995 from an unidentified person that psychotropic substances had been kept and sold in the house of the appellant located at a lane near the Community Hall at Karippalam. P.W. 11 recorded the above said information and informed the same to the Assistant Commissioner and the copy of the report recorded is marked as Ext. P 16. Then P.W. 11 proceeded with his police men to the said house of the appellant and searched there at about 12-30 p.m. On disclo



















































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