The judgment reinforces the principle that possession of narcotics is sufficient for conviction under the NDPS Act, given proper protocols are followed during searches.

JUDGMENT

Dated this the 14th day of March, 2023 The appeal on hand is originated from a judgment passed by Additional Sessions Judge-V, Ernakulam (for short ‘the trial court’) on 13.03.2018 in SC No.124/2015. The appellant is the 1st accused in the above case. Two accused were chargesheeted in the case for offences punishable under Sections 8 (c), 22(c), 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the NDPS Act’). Charge was also framed against them for the offences. Both faced trial. The 2nd accused was acquitted and the 1st accused was found guilty for the offences under Section 8 (c) and 22(c) of the NDPS Act and convicted and sentenced to undergo rigorous imprisonment for ten years and to pay fine of `1,00,000/- and in default to undergo simple imprisonment for one year. Set off was also allowed for the period for which he was in judicial custody in the case on hand. Aggrieved by the judgment, the 1st accused has approached this Court in the appeal on hand.

2. Both the learned Public Prosecutor and Sri.Vivek Venugopal, the learned counsel for the appellant were heard.

3. Before adverting to the rival contentions raised by the learned Public Prosecutor and the defence counsel, the facts of the case need a brief description:

The case of the prosecution was that at 6:00 p.m. on

10.10.2013, the 2nd accused was found handing over a plastic cover containing some thing to the 1st accused who was sitting in the driver seat of an autorickshaw bearing Registration No.KL-38-B-548, parked in front of a Two Wheeler Garage namely Dona Capital situated on the southern side of Aluva - Perumbavoor Private Stand road, Choondi, Colonypadi, Aluva East Village. They were found by PW1, the Excise Inspector, Excise Enforcement & Anti Narcotic Special Squad, accompanied by his subordinates in office, who were then on patrol duty. On watching the Excise Officials, the 2nd accused ran off from the spot. The 1st accused remained there. The officials informed him of the need for holding his body search. They informed him that he can seek the presence of a Gazetted Officer or a Magistrate to witness his body search. The accused then put to the officials in writing of his desire to have his body search held in the presence of a Gazetted Officer. Thereafter the Excise Inspector requested the Excise Circle Inspector, Aluva to arrive at the spot to witness the search. Accordingly he arrived at the spot and he conducted the search of the body of PW1 as well as other Excise Officials and found that nothing incriminating was concealed by them in their body. Thereupon, the Excise Inspector conducted the body search of the accused in the presence of the Excise Circle Inspector. A plastic cover was found kept in the left pocket of the khaki shirt worn by the 1st accused. It was taken therefrom and opened. Three ampoules of Promithazine Hydrochloride, Injection IP Phenergan 2 ml, 2 ampoules of Diazepam Injection IP Bios 2 ml and 10 ampoules of Buprenorphine Injection IP Lupigesic 2 ml were found inside. The ampules were 15 in numbers. Rs.2,800/- was also recovered from the left pocket of the pants worn by the 1st accused. A seizure mahazar was prepared from the spot describing each and every activities performed at the spot. The accused was arrested. The autorickshaw where the 1st accused was found sitting was also seized. An inventory was prepared by the Excise Inspector. Arrest Memo and Inspection Memo were also prepared from the spot. Arrest notice was caused to be served on the wife of the 1st accused. The 1st accused alongwith the properties seized from the spot were taken to the Excise Office and Crime and Occurrence Report was prepared alleging that the accused have committed offences punishable under Sections 8 (c), 22(c), 25 and 29 of the NDPS Act. Thereafter a report under Section 57 NDPS Act was prepared by the Excise Inspector and forwarded to his immediate official superior on 11.10.2013. On the day itself, the 1st