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2022 Supreme(Ker) 115

MARY JOSEPH
Ganesh S/o Velayudhan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Reeha Khader, O.T. Jabish.
For the Respondent: T.V. Neema.

JUDGMENT :

MARY JOSEPH, J.

1. This is a case of seizure of some prohibited properties from the possession of the appellants which in the analysis held at the Chemical Examiner’s Laboratory were identified and certified as Diazepam and Buprenorphine and they were chargesheeted by Sub Inspector of Police, Sulthanbathery for the offences punishable under Sections 22(b), 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. Appellant is accused No. 2 in S.C. (NDPS) No. 70/2012 registered on the files of Special Judge (NDPS Act Cases), Vatakara (for short ‘the trial court’) on the basis of the charge-sheet laid against him.

3. The appellant faced trial. He was defended by a counsel appointed on his own and was found guilty for the offences for which charge was framed against, convicted and sentenced with rigorous imprisonment for ten years and fine of Rs. 1,00,000/- and rigorous imprisonment for six months as default sentence for an offence under Section 22(c) NDPS Act. He was also found guilty, convicted and sentenced to undergo rigorous imprisonment for eight years and pay fine of Rs. 25,000/- for an offence under Section 22(b) NDPS Act and ri

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