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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Aneesh, S/o. Nassar – Appellant
Versus
State Of Kerala, Represented By Station House Officer, Palluruthy Police Station, Through Government Pleader, High Court Of Kerala, Ernakulam – Respondent
| Table of Content |
|---|
| 1. conviction for drug possession based on evidence of ampules. (Para 1 , 2 , 3) |
| 2. defense argues flaws in prosecution's case due to procedural delays. (Para 4 , 5) |
| 3. court assesses compliance with ndps act procedural safeguards. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. section 52a compliance discussed and deemed irrelevant given facts. (Para 16 , 17 , 18 , 19 , 20) |
| 5. cumulative evidence raises reasonable doubt, leading to acquittal. (Para 24 , 25 , 26) |
JUDGMENT :
Appellant assails the verdict of guilty apart from the consequent conviction and sentence imposed upon him under section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). By the impugned judgment, appellant has been sentenced to undergo rigorous imprisonment for a period of thirteen years and to pay a fine of Rs.1,00,000/-, with a default sentence.
3. The prosecution case was attempted to be proved through PW1 to PW6, apart from Exhibit P1 to Exhibit P20 and material objects MO1 to MO5, while the defence tried to justify the claim of innocence of the accused and marked Exhibit D1. However, after analysing the evidence adduced in the case, the Trial Court fou
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