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2019 Supreme(Ker) 456

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


JUDGMENT :

P UBAID, J.

1. The appellant herein challenges the conviction and sentence against him under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act (for short, 'the NDPS Act') in S.C.No.524/2014 of the Court of Session, Kollam. He faced trial before the learned IVth Additional Sessions Judge, Kollam on the allegation that at about 5 a.m. on 30.1.2014, he was found possessing 30 ampoules of Buprenorphine; each ampoule containing a quantity of 2 ml. The offence was detected by the Circle Inspector of Excise, Kollam during his usual patrol duty. During patrol, the excise party saw the accused riding on the motorcycle No.KL 2Q/8060. The Excise Circle Inspector intercepted the vehicle, and questioned the accused. On suspicion regarding possession of some narcotic drug, he expressed his intention to the accused to search his body, and accordingly, he searched the body of the accused after informing him of his right under the law to be searched in the presence of a Gazetted Officer or a Magistrate, and seized 30 ampoules of Buprenorphine contained in a packet kept inside the petrol tank cover of the motorcycle. The accused was also arrested on the spot. Three ampoule













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