C.R.A. No. 229 of 1998. Case: Ali Vs State of Kerala. High Court of Kerala (India)
| Case Number | C.R.A. No. 229 of 1998 |
| Counsel | For Appellant: P.V. Kunhikrishnan, Adv. and For Respondents: T.C. Ulahannan, Public Prosecutor |
| Judges | M.R. Hariharan Nair, J. |
| Issue | Narcotic Drugs and Psychotropic Substances Act, 1985 Section 21; Code of Criminal Procedure, 1973 - Sections 233, 313 |
| Citation | 2001 (2) ALT 25 (Cri), 2001 (2) ALT 25 (Cri), 2001 (2) KLT 389 |
| Judgement Date | March 15, 2001 |
| Court | High Court of Kerala (India) |
Judgment:
M.R. Hariharan Nair, J.
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These two appeals arise from one and the same judgment passed by the Special Judge for trail of Narcotic Drugs and Psychotropic Substance Act cases, Vadakara in SCNo. 32/97. The two appellants are accused 1 and 2 respectively in the aforesaid case involving offence under S. 21 of the N.D.P.S. Act.
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The prosecution alleged that at about 5.30 p.m. on 5.7.1996 PW.7 Sub Inspector of Panniyankara Police Station received information that a person dressed in white shirt and dhoti nad another person in brown pants and striped shirt and aged about 30-35 years were engaged in the sale of brown sugar near Meenchanda Railway Gate at Kozhikode. After recording the information and sending a report to the Circle Inspector of Police, who is the Official Superior, he proceeded to the spot along with other policemen. On the way, they also took PW-3 and PW-6, two independent witnesses along with them. On reaching the portion near the northern side of the Railway Gate, Meenchanda, the two accused were spotted standing in front of the ``Appu's Hotel". On seeing the Police, they tried to slip away; but they were stopped and questioned.
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It is the prosecution case that to the question put by PW-7 as t the option of the accused with regard to the proposed search, both answered in the negative and that thereupon body search was effected. On searching the body of the 1st accused M.O.3 towel was found on his hand. When that was opened, a polythene cover which in turn contained six small polythene packets of brown sugar (M.O.1) was detected. Similar search on the body of the 2nd accused showed that at the waist fold of the dhoti worn by him a polythene packet covered with newspaper and containing brown sugar (M.O.2) was available. After preparing necessary seizure mahazar, the contraband and the accused were removed to the Police Station and Crime No. 76/96 was registered vide Ext. P8 FIR. The Circle Inspector of Police - PW-8 took over the investigation and ultimately charge was laid by PW-5.
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The learned counsel for the appellants argued only three points. According to him, there is no guarantee that the article allegedly seized from the spot was the same as that reached the Forensic Science Laboratory for chemical analysis. The second point argued is a procedural lapse on the part of the Court. Though the accused were questioned under S. 313 Cr. P.C. on 27.10.1997, there was no direction to the...
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Crl. A. No. 22046 of 2004. Case: Vikraman @ Diksoo Vs State of Kerala. High Court of Kerala (India)
...which enjoins that material objects seized in such cases should be sent to the court forthwith. The following decisions are relied on: 2001 (2) KLT 389 Ali v. State of 2003 (1) KLT 9 Alex v. State I am afraid that I cannot agree with the above submissions. PW. 1 is an independent witness wh......
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Crl. A. No. 22046 of 2004. Case: Vikraman @ Diksoo Vs State of Kerala. High Court of Kerala (India)
...which enjoins that material objects seized in such cases should be sent to the court forthwith. The following decisions are relied on: 2001 (2) KLT 389 Ali v. State of 2003 (1) KLT 9 Alex v. State I am afraid that I cannot agree with the above submissions. PW. 1 is an independent witness wh......