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1993 Supreme(Ker) 228

K.T.THOMAS
Aziz Alias Kallu Azi – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

On 3-3-90 a Sub-Inspector of Police received information that four persons were dealing in narcotic drugs at Beach Hotel, Fort Kochi. He proceeded to the place and arrested four persons including the two appellants and seized "charas" from them (11.60 grams from the first appellant and 11 grams from the second appellant). The seized articles were produced before the Magistrate Court from where they were forwarded to the Chemical Examiner's Laboratory attached to the Government of Kerala. On analysis, they were identified to be "charas". The case was charge-sheeted and after trial the Sessions Court convicted the appellants of the offence under S. 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). Both were sentenced to rigorous imprisonment for 11 years and to pay a fine of Rs. 1 lakh each. Third and fourth accused were acquitted.

2. P.W. 1 is the Sub-Inspector of Police. He spoke of the case that he received information from a police constable who was detailed for duty in the area in which Beach Hotel was situate. P.W. 1 also said that when he reached the portico of the hotel, he found the appellants whose pockets were seen bul























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