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2021 Supreme(Ker) 897

ZIYAD RAHMAN A. A.
Marshal – Appellant
Versus
State of Kerala Represented by The State Prosecutor Attached To The High Court Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Saiby Jose Kidangoor, Adv.
For the Respondent: Shri. Aravind V. Mathew, Public Prosecutor

JUDGMENT :

The appellant is the sole accused in S.C. (NDPS) No.25/2013 on the file of the Court of the Special Judge for NDPS Act cases, Thodupuzha. This appeal is filed by the appellant challenging the conviction and sentence imposed upon him by the Special Court for the offences punishable under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act (for brevity ‘NDPS Act’)

2. The case of the prosecution is that on 4.7.2012 at 5.30 p.m. near Holly Cross Church at Thellakam, the appellant was found in illegal possession of 48 ampules of Buprenorphine and a disposable syringe. Immediately he was arrested and Crime No.882/2012 was registered by Sub-Inspector of Police, Ettumanoor. After completion of investigation, the Circle Inspector of Police, Ettumanoor, submitted charge sheet before the Special Court.

3. In support of the prosecution case, PW1 to PW6 were examined, Exhibits P1 to P12 were marked and MO1 to MO8 were identified. After closure of the prosecution case, the incriminating materials revealed during the course of trial were put to the appellant who denied the same and contended that he is innocent of all allegations.

4. After the trial, upon appreciation of ma

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