JUDGMENT

Appeal on hand is preferred by the accused who was found guilty of an offence punishable under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’), convicted and sentenced by Additional Court of Sessions-IV, Kollam in SC No.410/2018 by judgment passed on 03.06.2019, to undergo rigorous imprisonment for five years and pay a fine of `50,000/- and simple imprisonment for six months in default of payment of the fine.

2. As per the allegations of the prosecution, at about 7 p.m. on 13.12.2017 while the Excise Inspector, Excise Range, Kottarakkara was engaged in patrol duty alongwith a team of officers through Kottarakkara Railway Station – Padinjattinkara Mahadeva Temple Road, they found the accused standing there carrying a black bag. Out of suspicion, the Excise Officer questioned him and apprised of his right to have the search of his body conducted in the presence of a Gazetted Officer or a Magistrate. He answered that he does not require the presence of anyone to witness the search and thereupon search of his body as well as the bag carried by him were conducted by the Excise Inspector himself. 3.010 Kgs of Ganja was