The legal stipulations within the Narcotic Drugs and Psychotropic Substances Act were clarified, particularly regarding the applicability of search provisions during arrests involving substance possession.

JUDGMENT

Migrant labourers are now treated as “guest workers” by the State Government. The appellant is one among them. Challenge in this appeal is directed against the verdict of guilty and conviction and the sentence imposed on him by the Additional Sessions Court, North Paravur under Section 20 (b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

2. The prosecution case is that, on 07.01.2015, at about 08.20 hours, at the side of the road near the K.S.R.T.C bus station at North Paravur, the Excise Inspector (PW3), North Paravur found the appellant having in his possession 1.500 kilograms of ganja.

3. The appellant/accused pleaded not guilty to the charge framed against him by the trial court under Section 20 (b)(ii)(B) of the Act. The prosecution examined PW1 to PW6 and marked Exts.P1 to P15 documents and MO1 to MO3 material objects. On the side of the accused, DW1 and DW2 were examined and Ext.D1 document was marked.

4. The trial court found the accused guilty of the offence punishable under Section 20 (b)(ii)(B) of the Act and convicted him thereunder. The trial court sentenced him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.25,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one year. This appeal is filed by the accused challenging the judgment of the trial court.

5. Heard learned counsel for the appellant and also the learned Public Prosecutor and perused the records.

6. Out of the six witnesses examined by the prosecution, PW3 is the Excise Inspector who detected the offence. PW1 is the Assistant Excise Inspector who was in the excise party led by PW3. PW2 is the independent witness examined by the prosecution to prove the occurrence. PW4 is the Village Officer who prepared the site plan. PW5 is the Excise Circle Inspector who had reached the scene of the occurrence at the request of PW3 to witness the search. PW6 is the Excise Circle Inspector who conducted the investigation of the case and filed complaint against the accused in the court.

7. PW3 has given evidence to the following effect. On 07.01.2015, while conducting patrol duty with excise party, he reached in front of the K.S.R.T.C bus station. He saw the accused standing there with a bag in his right hand. On seeing the excise party, the accused got nervous and he tried to retreat. PW3 intercepted him, got the bag from his hand and examined it in the presence of witnesses. There was a plastic kit inside the bag. PW3 opened and inspected its contents. It contained ganja. The accused talked in Hindi. With the help of Civil Excise Officer Pradeep Kumar who knew Hindi, PW3 appraised the accused that he had the right to get the presence of a gazetted officer or a Magistrate for the purpose of searching his body. He gave notice to the accused stating so but the accused told him that it was not necessary and he could search him. However, PW3 contacted his superior officer, the Excise Circle Inspector (PW5) and requested for his presence. PW5 reached the spot at 09.00 hours. PW3 then conducted search of the body of the accused but no contraband material was found. He then weighed the ganja and it was found having the weight of 1.5000 kilograms. He took two samples from the ganja, weighing 25 grams each, in two plastic covers and wrapped them in brown paper and sealed them and affixed labels containing the signature of himself and the witnesses and the accused on them. He also packed and sealed the remaining ganja and seized it and the samples as per Ext.P1 mahazar and arrested the accused. PW3 identified the ganja and the accused in the court.

8. PW1 Assistant Excise Inspector has also given evidence regarding the seizure of ganja from the possession of the appellant/accused. His evidence corroborates the testimony of PW3 in material particulars of the occurrence. PW5 Excise Circle Inspector has given evidence as to what happened at the