Court dismisses appeals, affirms rigorous imprisonment and fines under NDPS Act.
In a significant judgment, the Kerala High Court has upheld the conviction and sentencing of four individuals for the possession of 3 kilograms of ganja, underlining the strict enforcement of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellants, Sahid K. and others, were convicted under Sections 20(b)(ii)(B) read with 29 of the NDPS Act by the Special Court, Vatakara, which sentenced them to three years of rigorous imprisonment and imposed a fine of Rs. 1,00,000 each.
The case centered around the recovery of ganja from a vehicle in which the accused were present. The prosecution successfully argued that the possession of the narcotic substance was conscious, thereby invoking the presumption under Sections 35 and 54 of the NDPS Act. Despite procedural challenges and discrepancies pointed out by the defense, the High Court found that the evidence provided by the prosecution was credible and sufficient to uphold the conviction.
Justice A. Badharudeen, presiding over the appeals, emphasized the reliability of the testimonies provided by the police officers involved in the arrest and seizure. The Court noted that the procedural lapses under Section 52A of the NDPS Act were not significant enough to undermine the overall evidence, as the evidence inspired confidence and established the accused's conscious possession of the contraband.
The defense raised issues regarding the weight difference in the samples sent for chemical analysis and the custody of the contraband between the dates of seizure and court production. However, the Court concluded that these factors were adequately explained and did not cast doubt on the integrity of the prosecution's case. The Court also dismissed contentions regarding the ownership of the vehicle, stating that possession by the accused was adequately demonstrated.
This ruling underscores the judiciary's commitment to upholding strict legal standards in narcotics cases, reflecting a broader effort to combat drug-related offenses effectively. The judgment has been forwarded to the Special Court, Vatakara, for immediate implementation, with instructions to execute the sentence if the appellants fail to surrender voluntarily.
Bottom line:-
NDPS Act - Conviction based on recovery of contraband from vehicle - Conscious possession presumed under Sections 35 and 54 of the NDPS Act - Procedural lapses under Section 52A not fatal if overall evidence inspires confidence.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 20(b)(ii)(B), 29, 35, 54, 52A
Sahid K. v. State of Kerala, (Kerala) : Law Finder Doc id # 2930303
