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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. V. BALAKRISHNAN, J
PRASAD ALIAS RAJU – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction for ganja possession and trial court's assessment of evidence. (Para 1 , 2 , 4 , 5) |
| 2. arguments addressing trial and appellate court's decisions. (Para 6 , 7 , 8) |
| 3. court's observations and interpretations of ndps act compliance. (Para 10 , 12) |
| 4. modification of sentence and confirmation of conviction. (Para 13) |
O R D E R
Under challenge in this Criminal Revision Petition is the conviction and sentence rendered against the revision petitioner under Section 20(b)(ii) A of the NDPS Act .
2. The revision petitioner is the accused in C.C. No.1749 of 2010 on the files of the Judicial First Class Magistrate Court-III, Punalur. He stood trial before that court for committing an offence punishable under Section 20(b)(ii) A of the NDPS Act .
3. The prosecution case is that on 09.08.2009, at about
5.30 p.m., while PW1, the Excise Inspector, Pathanapuram and his party were patrolling through the Punalur - Kottarakkara Public Road, and when they reached near Yuvajana Samajam Public Library and Reading Room, Elampal, they found the accused carrying a plastic bag, in a suspicious circumstance. On seeing the Excise party, the appellant tried to remove himself and PW1 int
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