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2019 Supreme(Ker) 1043

P.UBAID
Cini P. Antony – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
S.V. Rajan, Adv., Laisa B Jose, Adv., Cibi K Cherian, Adv., C.P. Jagadesh, Adv., R. Santhosh (Varkala), Adv., R. Sudhish, Adv., M.V.S. Namboothiry, Adv.

JUDGMENT :

P.Ubaid, J.

The appellant herein challenges the conviction and sentence against her under Sections 21(c) and 23(c) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) in S.C. No.935/2015 of the Special Court for the trial of NDPS Act cases (Additional Sessions Court-II), Thiruvananthapuram. She is the sole accused, who faced trial in the said case. Though the final report alleges involvement of two other persons, they could not be apprehended, and so, final report was filed only against the appellant. She faced trial on the allegation that at about 3 a.m. on 6.2.2015 at the Thiruvananthapuram International Airport, she was found possessing 1060 gms of heroin, carried in a bag, intended for export to Kuwait. The accused was arrested on the spot, and the contraband article was seized as per a mahazar at the CIP lounge within the Airport. The offence was detected by an Intelligence Officer of the Narcotic Control Bureau (NCB) on the basis of secret reliable information received by him at about 3 p.m. on 5.2.2015. He recorded the said information, and sent a report to his superior officer under Section 42 of the NDPS Act. After sending such report, he reached the

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