IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 CRL.A NO. 1100 OF 2019 CRIME NO.18/2016 OF Vandiperiyar Excise Range Office, Idukki AGAINST THE JUDGMENT DATED 31.08.2019 IN SC NO.2 OF 2018 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA APPELLANT/ACCUSED NO.2:

PRASAD @ KUTTAI, AGED 54 YEARS S/O.THANKAPPAN, KOLLAPPALLIL HOUSE, RAJAKUMARI KARA, RAJAKUMARI VILLAGE.

BY ADV RAJIT RESPONDENT/COMPLAINANT:

STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

SRI.G.SUDHEER, PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11.07.2024, ALONG WITH CRL.A.1138/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 CRL.A NO. 1138 OF 2019 CRIME NO.18/2016 OF Vandiperiyar Excise Range Office, Idukki AGAINST THE JUDGMENT DATED 31.08.2019 IN SC NO.2 OF 2018 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA APPELLANT/ACCUSED NO.1:

MANOJ AGED 39 YEARS S/O. BHASKARAN, VARIKKTHARAPPEL HOUSE, KALLIPPARA KARA, SANTHANPARA VILLAGE.

BY ADV GEORGE SEBASTIAN RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

SRI.G.SUDHEER, PP THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON

11.07.2024, ALONG WITH CRL.A.1100/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.BABU, J.

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CRL.A Nos. 1100 & 1138 of 2019 ---------------------------------------------

Dated this the 11^th day of July, 2024

JUDGMENT

The appellants are the accused in S.C No.2 of 2018 on the file of the Special Court for NDPS Act Cases, Thodupuzha. They have been convicted under Sections 20(b)(ii)C and 29 of the NDPS Act.

2. The prosecution case is that on 19.4.2016, the accused were found in possession of 10 kg and 670 grams of Hashish oil in a vehicle bearing Registration No.KL 37 4509 in front of Choorakulam Coffee Estate on the Kottayam – Theni National Highway.

3. The Investigating Officer submitted the final report.

The accused appeared in response to the summons. They pleaded not guilty to the charges, and therefore, they came to be tried by the Trial Court. The prosecution examined PWs1 to 10 and proved Exts.P1 to P34 and Mos 1 to 17. The Trial Court found the accused guilty of the offence alleged and passed the impugned judgment of conviction and sentence.

4. I have heard the learned counsel appearing for the appellants and the learned Public Prosecutor.

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

(a) The samples drawn in the presence of the learned Magistrate, being the primary evidence, were not forwarded to the Chemical Examiner’s Laboratory.

(b) The samples drawn at the scene of occurrence by the Detecting Officer cannot be treated as a valid piece of primary evidence.

6. The learned Public Prosecutor submitted that the mandate of Section 52A of the NDPS Act had been complied with.

7. The Excise Inspector, Excise Range Office, Vandiperiyar (PW1) on 19.4.2016 detected the crime. On the date of occurrence, along with his excise team, PW1 was engaged in vehicle checking in front of Choorakulam Coffee Estate on the Kottayam – Theni National Highway. He received reliable information that prohibited drugs concealed in a vehicle bearing Registration No.KL 37 4509 was being transported towards Kottayam. He recorded the information in writing in Ext.P1 and forwarded the same to the official superior to him. The Excise team led by PW1 intercepted the vehicle which was driven by accused No.1. Accused No.2 was a co-traveller. PW1 searched the vehicle and found a plastic sack containing 11 packets. After being convinced that the packets contained Hashish oil, he searched the person of the accused following the statutory formalities. PW1 seized the contraband substance.