IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH TUESDAY, THE 10 DAY OF SEPTEMBER 2024 / 19TH BHADRA, 1946 CRL.A NO. 1896 OF 2006 AGAINST THE ORDER/JUDGMENT DATED 28.09.2006 IN SC NO.6 OF

2006 OF SPECIAL JUDGE FOR nDPS ACT CASES, THODUPUZHA ARISING OUT OF THE ORDER/JUDGMENT DATED IN CP NO.19 OF 2005 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, PEERUMEDU APPELLANT/1ST ACCUSED:

TOMY ALEX S/O ALEXANDER,NEDUMPURATH HOUSE, IDUKKIKAVALA,, BHAGAM, KATTAPPANA KARA, KATTAPPANA VILLAGE.

BY ADV SRI.P.CHANDY JOSEPH RESPONDENT/COMPLAINANTS:

STATE OF KERALA REP.BY EXCISE INSPECTOR, DEVIKULAM RANGE,, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY ADV PUBLIC PROSECUTOR PP-SRI.M.C.ASHI THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 10.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is at the instance of the 1 st accused in SC No.6 of 2006 (Crime No.306 of 2002 of Kumili Police Station) on the file of Special Judge for NDPS Act Cases, Thodupuzha challenging his conviction and sentence under Section

20(b)(ii)(A) of the NDPS Act.

2. The prosecution allegation is that on getting a tip-off, PW3- SI of Police, Kumali and