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2025 Supreme(Online)(Ker) 52873

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
SHAJI, S/O.MARSILI THOTTATHIL VADAKKATHIL VEEDU, MANAKKARA RAJAGIRI MURI, SASTHAMCOTTA VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT – Appellant
Versus
STATE OF KERALA THROUGH THE EXCISE CIRCLE INSPECTOR, SASTHAMCOTTA EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ABHILASH S.FRANCIS, SHRI.ARUN SHIBU F.
For the Respondents: Smt. Sreeja V., PUBLIC PROSECUTOR

JUDGMENT

The appellant was the accused in S.C. No.109 of 2012 on the files of the Additional Sessions Court-II, Kollam. He is aggrieved by the conviction and sentence imposed upon him by judgment dated 17.12.2014. By the impugned judgment, the appellant has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1,00,000. In default, to undergo further rigorous imprisonment for a period of two months.

2. The prosecution alleged that, on 21.04.2011 at about 10.15 a.m, the Excise Circle Inspector, Kunnathur, received secret information that the appellant was keeping ganja in his residence. Pursuant to recording the said information, he proceeded to the residence of the accused and found him in possession of 2.39 kg of ganja inside his residential building, and thereby the accused committed the offences alleged.

3. Prosecution examined PW1 to PW8, marked Exhibit-P1 to Exhibit-P21 and identified material objects MO1 and MO2. After analysing the evidence adduced in the case, the Trial Court found the accused guilty for the offence under Section 20 (b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS Act’)

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