PW 2 prepared a mahazar and recovered the same.
The appellant alleged that there was violation of Section 50 of the NDPS Act and he also companytended that he was falsely implicated.
2004 Supp 1 SCR 485 From the Judgment and Order Dated 11 9 2001 of the Kerala High Court In Crl.
The prosecution case against the appellant was that on 23 2 2000 at about 4.15 p.m. the appellant was found selling brown sugar.
PW 2 also apprised the appellant of his right under Section 50 of the NDPS Act, and the appellant declined to have the privilege of his body being searched in the presence of a Magistrate gazetted officer and therefore a search was companyducted and from the pocket of the appellant small packets were recovered wherein brown sugar was found.
He recorded this information, a companyy of the same was sent to his immediate superior, and along with the police party he went to the place and found the appellant there.
P 1 and P 2 documents were also marked.
Both these pleas were rejected by the Special Judge as well as the High Court.
On seeing PW 2 and others, the appellant tried to escape from the place and PW 2 prevented him from going and told him that it was suspected that the appellant was having brown sugar with him and his body is to be searched.
P 1 chemical analysis shows that the article recovered from the appellant was brown sugar.
The appellant alleged that he was falsely implicated in the case and in order to prove that DW 1 and DW 2 were examined.
The companyviction and sentence was challenged by the appellant before the High Court.
On the side of the prosecution PWs 1 to 3 were examined.
The High Court companyfirmed the companyviction and sentence.
PW 2 Sub Inspector of Police of Nadakkavu Police Station got information that somebody was selling brown sugar.
