The necessity of adhering to statutory safeguards in drug seizure under NDPS Act is essential to ensure justice and proper legal processes.

J U D G M E N T

This appeal is directed, against the judgment dated 29.9.09 in Session Case No.38/08 of the Court of the Special Judge (NDPS Act cases), Vadakara, at the instance of the sole accused therein, challenging his conviction and sentence u/s.20 (b)(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to for short as 'the NDPS Act'

only).

2. The prosecution case is that on 15.6.2008 at about 4.55 p.m., the accused was found in possession of 2.100 kg of ganja in front of KSRTC bus stop at Perinthalmanna and subsequently it came to the notice of the Detecting Officer that, he had also possessed another 30 kg. of ganja and thus seized altogether 32 kg of ganja from his possession and thus he had committed the offence punishable u/s.20(b)(II)(C) of the `NDPS Act'.

3. On the basis of the said allegation, Crime No.474/08 was registered in the Perinthalmanna Police Station. After completing the investigation, a report was filed in the court below on 11.12.2008. After hearing the prosecution as well as the defence, a formal charge was framed against the accused for the above offence and the same was read over and explained to the accused, who denied the charge and pleaded not guilty, which resulted in the further trial, during which the prosecution adduced its evidence consists of the oral testimony of Pws.1 to 13 and the documentary evidence such as Exts.P1 to P18 and material objects namely M.Os 1 to 10, which were produced and identified during the trial. No evidence, either oral or documentary, was produced from the side of the accused. On the basis of the rival pleadings and the materials on record, the Trial Court formulated four points for its consideration. The evidence and the incriminating circumstances, which emerged during the evidence of prosecution, were put to the accused u/s.313 of Cr.P.C. and he denied the same and maintained the stand of total denial. Based upon the available materials and evidence on record, the Trial Court found that the accused is guilty of the charge levelled against him and accordingly he is convicted u/s.20(b)(II)(C) of the NDPS Act and consequently he is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1 lakh and in default he is directed to undergo rigorous imprisonment for a further period of 6 months . Thus on the basis of the above impugned verdict, the accused is undergoing the sentence imposed against him and he is in custody right from the date of his arrest ie., on 15.6.2008. It is the above conviction and sentence challenged in this appeal.

4. I have heard Shri T.G.Rajendran, the learned counsel appearing for the appellant as well as the learned Public Prosecutor appearing for the State.

5. According to the prosecution, PW12 the Circle Inspector of Police of Perinthalmanna Police Station, who is the Detecting Officer, received an information that one person wearing `black kalli mundu' and `black kalli shirt', who is about at the age of 50 years, from Attappadi, found in possession of ganja in a big shopper in front of the KSRTC bus stand at Perinthalmanna and thus after preparing a report u/s.42 and sending the same to his immediate superior officer, the Dy.S.P., he himself and the parties proceeded to the spot and on locating the accused, he was asked, whether he required the presence of any of the officers as contemplated u/s.50 of the NDPS Act and as he answered positively, pursuant to which, a written request was sent to PW2, who is the Tahasildar, Perinthalmanna and in the presence of PW2, PW12 conducted a search and recovered 2.100 kg of ganja as per Ext.P1 seizure mahasar, which was kept in a big shopper. The ganja thus seized is marked as M.O.1.

6. It is the further case of the prosecution that, after the seizure of ganja from the possession of the accused, he was arrested and when questioned under custody, he had revealed that he had kept about 30 kgs. of ganja in his residential house bearing No.S.P.3/30