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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
O.J.RAJU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction on ndps act challenged. (Para 1 , 2) |
| 2. trial court's judgment and proceedings. (Para 3 , 4) |
| 3. key issues raised by appellants. (Para 5 , 6) |
| 4. evidence from prosecution witnesses. (Para 7 , 8 , 9 , 10) |
| 5. contradictory testimony from independent witnesses. (Para 11 , 12 , 13 , 14) |
| 6. arguments on sampling and chain of custody. (Para 15 , 16 , 17 , 18) |
| 7. insufficient adherence to ndps procedures. (Para 19 , 20) |
| 8. legality of taking samples from narcotics. (Para 21 , 25) |
| 9. supreme court precedents on sampling procedures. (Para 22 , 23 , 26) |
| 10. analysis of prosecution compliance with ndps. (Para 27 , 28 , 29) |
| 11. defense arguments and provisional claims. (Para 30 , 31) |
| 12. final ruling based on reasonable doubt. (Para 32 , 33 , 34 , 35 , 36) |
JUDGMENT
The appellants are accused Nos.1 and 2 in S.C No.9 of 2007 on the file of the Special Judge, (NDPS Act Cases), Vadakara. They are challenging the conviction and sentence imposed on them for the offence under Section 20 (b)(II)(c) of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act).
2. The prosecution case is that on 20-05-2003 at 4.45 p.m, when the Excise Circle Inspector at Excise Check Post
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