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2024 Supreme(Ker) 142

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
Manoj, S/o. Vamadevan – Appellant
Versus
State of Kerala, Represented through the Public Prosecutor, High Court of Kerala, Ernakukam – Respondent


Advocates Appeared:
For the Appellant : Sunny Mathew.
For the Respondent: P.P. Sri. G. Sudheer.

JUDGMENT :

The appellant is the accused in S.C No.291/2020 on the file of the Additional Sessions Court-II, Kalpetta. He has been convicted under Section 20(b)(ii)(B) of the NDPS Act as per the impugned judgment.

2. The prosecution case is that on 21.04.2016 at 10.45 a.m, the accused was found in possession of 1.3 kg of dried Ganja, a narcotic drug, on the concrete road junction leading to Mailampadi Paniya colony. The accused was arrested from the place of occurrence along with the contraband substance.

3. The Investigating Officer submitted the final report. The accused appeared in response to the summons. He pleaded not guilty, and therefore, he came to be tried by the Trial Court. The prosecution examined PWs 1 to 7 and proved Exts.P1 to P17 and MOs 1 and 2. The Trial Court found the accused guilty of the offence alleged and passed the impugned judgment of conviction and sentence.

4. Heard Sri.Sunny Mathew, the learned counsel appearing for the appellant/accused and Sri. G.Sudheer, the learned Public Prosecutor appearing for the respondents.

5. The learned counsel for the appellant challenged the judgment of conviction and sentence on the following grounds:-

    (i) The samples of the se

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