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2020 Supreme(Online)(KER) 44362

STATE OF KERALA – Appellant
Versus
NIDHEESH KUMAR@ MANIKUTTAN – Respondent


JUDGMENT

Dated this the 5th day of October 2020 State of Kerala challenged the acquittal order dated

28.12.2000 in C.C.No.6/1999 on the file of the Special Judge for NDPS Cases, Thodupuzha. The above case is chargesheeted by the Circle Inspector of Police, Kottayam West Police Station alleging the offence punishable under Sections 20(b)(ii) of the NDPS Act.

2. The prosecution case is that on 18.4.1998 at about 5.40 pm, the 1st and 2nd accused was found in possession of 199 gms of charas at Thirunakkra Temple maidan in Thirunakkara kara in Kottayam Village for sale in violation of the provisions of the NDPS Act and hence it is alleged that the accused committed the offence under Section 20(b)(ii) of the NDPS Act.

3. To substantiate the case, the prosecution examined PW1 to PW8. The prosecution marked Exts.P1 to P17 documents. MO1 to MO14 are the material objects.

4. On going through the evidence and the documents, the trial court found that the accused are not guilty and they were acquitted. Aggrieved by the above acquittal order, this Criminal Appeal is filed by the State.

5. Heard the learned Public Prosecutor and the learned counsel for the respondents.

6. The Public Prosecutor submitte

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