Gopal Sri Ram JCA

At about 5am on the morning of 16 December 1997 a motorcar in which the appellant and three others were travelling was stopped by the police. The car was examined and a bag (exh. P10) was found in its boot. Subsequent examination established that exh. P10 contained approximately 186 gram of cannabis. The appellant was charged for an offence under s. 6 of the Dangerous Drugs Act 1952 and was tried before the Sessions Court. At the conclusion of the prosecution's case during which the other three occupants were called as witnesses, the learned judge found the appellant had a case to answer. The appellant gave evidence on oath in his defence and was cross-examined. At the end of the whole case the learned sessions judge concluded that the charge against the appellant was proven beyond a reasonable doubt. He convicted the appellant and sentenced him to a term of eight years imprisonment and to ten strokes of the rottan. The appellant being dissatisfied appealed to the High Court which affirmed the conviction and sentence and dismissed the appeal. But for some comments made by the High Court in the course of its judgment we would have found it unnecessary to g