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1993 Supreme(Ker) 56

K.JAYACHANDRA REDDY, K.P.SINGH
Valsala – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The appellant, a lady by name Smt.Valsala was convicted by the learned Sessions Judge, Thiruvananthapuram under S.21 of the Narcotic Drugs and Psychotropic-Substances Act, 1985 ('NDPS Act' for short) and sentenced to 10 years R.I. and to pay a fine of Rs.one lakh, in default of payment of which to further undergo R.I. for one year. The appeal preferred by her was dismissed by the High Court.

2. On 3-10-1987 in the evening at about 5.45 P.M. P.W.6 Police Sub Inspector, Officer-in-Charge of Police Station, Thiruvananthapuram saw the appellant silling under a tree near Samudra Hotel on the eastern side of the Beach. She was having a packet by her side. The police party became suspicious and they examined the packet and found it to be a powder. Suspecting it to be Brown Sugar, they seized the same and also a balance and weights. P.W.6 got it weighed by a goldsmith and weighed about 31 grams and 100 milligrams. The mahazar Ext.P2 was prepared in the presence of P. Ws.1 and 3 and F.I.R was lodged and subsequently a charge sheet was laid. The article seized was sent to the Chemical Examiner, who examined the same and found it to be Brown Sugar. Accordingly a report was given




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