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1993 Supreme(Ker) 104

L.MANOHARAN
Ruben Joseph – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Criminal Appeal No. 303 of 1992 is by the third accused and Criminal Appeal No. 463 of 1992 is by the second accused in Sessions Case No. 268 of 1991 of the Court of the Second Additional Sessions Judge, Thiruvananthapuram. Four accused persons were charged under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and Section 447 read with Section 34 of the I.P.C. Learned Second Additional Sessions Judge found accused 1 and 4 not guilty and they were acquitted; but found accused 2 and 3 guilty of the offences punishable under section 21 of the Act and Section 447 read with Section 34, I.P.C. and sentenced accused 2 and 3 each to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000.00, in default of payment of fine to undergo rigorous imprisonment for a further period of two years for the offences under Section 21 of the Act, and to undergo simple imprisonment for three months for the offences punishable under section 447 read with Section 34, I.P.C. with a direction that the sentences shall run concurrently.

2. According to the prosecution, the four accused persons committed criminal trespass into the Univ
































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