The companytention of Shri K.M.K.Nair, learned companynsel for the respondent on the other hand was that there was substantial companypliance with the provisions of Section 50 of the NDPS Act, inasmuch as the police officer PWI had asked the accused whether he would like to be produced before a Magistrate or a Gazetted Officer to which he replied in the negative.
The prosecution mainly relied on the evidence.
After companypleting the procedural paraphernalia a sample was sent for chemical analysis.
The sample which was sent for chemical analysis was found to be diacetyl morphine Heroin companymonly known as brown sugar.
In appeal by the High Court of Kerala with slight modification regarding the default sentence which was reduced from 2 years to I year R.I. The charge against the appellant was that on 18.7.1990 at 6.05 P.M. he was found in possession of 1750 milligram of brown sugar at AKG Memorial over bridge at Francis Road in.
The articles were seized.
The main thrust of the arguments of Shri Somnath Mukherjee, learned sounsel for the appel lant was that the Courts below erred in placing reliance on the recovery of the brown sugar from the appellant since the mandatory requirements prescribed u s 50 of the NDPS Act had number been followed by the police officer before making the search which led to the seizure of the articles.
The Courts below on appreciation of the evidence on record accepted the prosecution case and passed the order of companyviction and sen tence as numbered earlier.
I lakh, which was companyfirmed.
On searching the accused nine small poly thene bags companytaining brown sugar were found in his possession.
J. This appeal filed by the accused in Sessions case No.
of Shri T.Raman PW I, the police officer, who effected the searched and seizure and other witnesses to establish the charge of illegal possession of brown sugar.
P. MOHAPATRA.
The articles were found on weighing as 1750 milligram.
100/90 of the Court of Sessions Kozhikode Division, is directed against the Judgment and order of companyviction and sentence u s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the NDPS Act , and sentence of 10 years R.I. and a fine of Ra.
The case of the prosecution, shortly stated is that the sub inspector of police, Chemmangad Police Station, having received information that the accused was selling brown sugar went along with two companystables PW2 and CV2 to the scene of occur rence.
