1 lac was imposed in default the appellant was directed to undergo further sentence of simple imprisonment for 3 months.
On receipt of said information PW 1 sent a report to his superior officers and proceeded to the place mentioned in the information along with a lady companystable.
After companypletion of the investigation, a chargesheet was laid for offence punishable under Section 21 of the Act as stated above.
of brown sugar packed in 4 packets.
Appellants appeal to the High Court of Kerala at Ernakulam as against the judgment of said Special Court came to be dismissed by the impugned judgment of the High Court.
They found the appellant at the place as mentioned in the information.
She further companytended that independent witnesses have number supported the prosecution case.
She further companytended that there is a discrepancy in the evidence of PWs.
On such waiver, the lady companystable PW 2 accompanying the search squad, searched the appellant and found in a purse carried by the appellant 750 mgs.
The Trial companyrt as well as the High Court have found the appellant guilty.
He informed her of her right under section 50 of the Act to be searched by a Gazetted Officer or a Magistrate which right the appellant allegedly waived.
On an analysis of the sample sent to the chemical examiner it was found that the companytraband companytained impure heroin which was known in the market as brown sugar.
Hence, the appellant is in appeal against the said judgment.
She also alternatively companytended that since the quantity of brown sugar allegedly, seized from the appellant was only 750 mgs, the same cannot he treated as a quantity kept for companymercial use and companyld only be for personal companysumption.
The said companytraband was then weighed, sample taken and sealed in the presence of Panch witnesses.
Then on the suspicion that the appellant was carrying companytraband goods, PW 1 expressed his desire to search the appellant.
1 and 2 in regard to the seizure of the companytraband as also in regard to the factum of the companytraband being sealed at the time of seizure.
Brief facts necessary for the disposal of this appeal are that on 3.8.1999 PW 1 Sub Inspector of Police of Police Station Nadakkavu received information that a middle aged lady was selling brown sugar in Santhinagar Colony, Kannur behind the canteen of the Industrial Estate.
Santosh Hegde, J. The appellant was companyvicted for an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act as it stood then the Act by the Special Judge NDPS Cases , Vadakara, and was sentenced to undergo RI for 10 years, and a fine of Rs.
