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2012 Supreme(Ker) 95

V.K.MOHANAN
Lissy – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Appellant:Mathai Varkey Muthirenthy, Smt. Anitha Mathai Muthirenthy, Advocates.
For the Respondent: Smt. S. Hyma, Public Prosecutor.

Judgment :

1. The appellant, a lady, who is the sole accused in S.C.No.529 of 2010 of the court of Additional Sessions Judge (ADHOC-II), Ernakulam is challenging the conviction and sentence imposed on her under Section 22© of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the N.D.P.S.Act’) in the above sessions case, vide judgment dated 4.10.2011.

2. The case of the prosecution is that the accused had kept in her possession 234 ampules of Buprenorphine (Lupigesic), 29 ampules of Diazepam and 27 ampules of Phenergan for the purpose of sale, without any licence at about 6.p.m. on 24.7.2010 in a public road, situated on the northern side of Kaloor International Stadium compound, Ernakulam and thus, committed the offence punishable under Section 22(c) of the N.D.P.S.Act. Consequently, Crime No.1326/2010 of Palarivattom Police Station was registered for the above offence and on completing the investigation, a report was filed before the trial court based upon which S.C.No.529 of 2010 is instituted and when the accused was produced, after hearing the prosecution as well as the defence, a formal charge was framed against her under Section 22(c) of the










































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