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2018 Supreme(Ker) 841

P.UBAID
Sidhik – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Shankar & Manju Antony, Adv.
For the Respondent: C.M. Kammappu, Adv.

JUDGMENT :

The appellant in Crl.Appeal No.126 of 2016 is the first accused in S.C.(NDPS) No.39 of 2015 of the Special Court for the trial of NDPS Act cases, Thodupuzha, and the appellant in Crl.Appeal No.894 of 2016 is the second accused therein. They challenge the conviction and sentence against them under S.20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

2. The prosecution case is that when the Excise Inspector of the Narcotic Special Squad, Adimali searched the house of the first accused on 29.8.2014 on the basis of secret reliable information, the first accused was found possessing 1.425 Kgs of dried ganja at the kitchen of his house, and the second accused was also seen there examining the quality of ganja as the person who came there to purchase ganja from the first accused. The Excise Inspector arrested the two accused on the spot, and seized the quantity of ganja as per a mahazar. On the basis of the arrest and seizure, he registered the crime and occurrence report, and investigation was taken over by a Circle Inspector of Excise. Another Circle Inspector of Excise of the Squad closed the investigation, and submitted final report in Court.

3. The two













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