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HASHIM, S/O. BADUVAKUTTY versus THE SUB INSPECTOR OF POLICE

High Court of Kerala

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HASHIM, S/O. BADUVAKUTTY v. THE SUB INSPECTOR OF POLICE - CRL A No. 1823 of 2003 [2007] RD-KL 14268 (27 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRL A No. 1823 of 2003()

1. HASHIM, S/O. BADUVAKUTTY,
... Petitioner

Vs

1. THE SUB INSPECTOR OF POLICE,
... Respondent

2. STATE OF KERALA REPRESENTED BY PUBLIC

For Petitioner :SRI.T.G.RAJENDRAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :27/07/2007

O R D E R

J.B. KOSHY, J.

CRL.Appeal No.1823 of 2003

Dated this the 27th day of July, 2007

Judgment The appellant was charge-sheeted for offences punishable under section 21 (b) of Narcotic Drugs and Psychotropic Substances Act. The appellant was found in possession of 15.6 grams of brown sugar. Prosecution examined four witnesses and produced ten documents. The fact that brown sugar was seized from the pocket of the accused was clearly proved by cogent and clear evidence, the quantity seized is lesser than commercial quantity, but, it is greater than small quantity. The trial court rightly found that the accused has committed the offence punishable under section 21 (b) of the NDPS (Amendment) Act, 2001. He was sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.30,000/-. Considering the Crl.A.No.1823/2003 2 nature of offence and actual seizure, I am of the opinion that no interference can be made in the conviction entered, but, I note that this was not of a commercial activity. It was used for his own personal use. There is no case that he was trying to sell the brown sugar. He was very young at the time of seizure. Considering all these aspects, I reduce the conviction to that of rigorous imprisonment for six months and to pay a fine of Rs.10,000/- with right of set off. If the fine is not paid, he has to undergo simple imprisonment for another six months. With this modification in the sentence, this appeal is allowed partly. J.B.KOSHY

JUDGE

vaa Crl.A.No.1823/2003 3

J.B. KOSHY, J.

Crl.Appeal NO.1823/2003 Judgment

Dated:27th July, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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