JUDGEMENT
Sunil Thomas, J. -
(1.)The sole accused in S.C. No. 446 of 2013 of the Additional Sessions Court -VII, Ernakulam, who stands convicted for offence punishable under Sec. 20(ii)b(B) of the NDPS Act, is the appellant herein.
(2.)The allegation of the prosecution is that on 01.08.2013, at night, PW1, Additional Sub Inspector of Police got an information that the accused was engaged in the sale of ganja and he proceeded to the spot. He intercepted the accused near a footpath at about 11.10 p.m. Before conducting search, the presence of PW4 who was the Excise Circle Inspector, Perumbavoor, was procured and the search was conducted. Accused was found holding a big shopper containing a plastic cover. On opening it, it was found to contain ganja. 2 Samples of 25 gms each were drawn from it, packed in two sample bags and wrapped. Balance contraband item was also wrapped. The contraband and the samples were affixed with labels, sealed and thereafter, accused was taken to the Police Station. After completion of the investigation, final report was laid and the accused faced prosecution before the court below. On the side of the prosecution, PWs.1 to 5 were examined and Exts.P1 to P11 were marked. MOs.1 to 4(a) were identified. On the basis of the available materials, the court below found the accused guilty, convicted and sentenced him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/ -. In default, he was to undergo rigorous imprisonment for one year.
(3.)Aggrieved by the above conviction and sentence, the accused has preferred this appeal. Heard both sides and examined the records.
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