Criminal Appeal No. 338 of 2003 · Kerala High Court
Case at a glance
- Decided
- 16 Jul 2007
- Bench
- B KOSHY
Outcome
Partly allowed
With theabove direction this appeal is partly allowed
Provisions considered
- Narcotic Drugs and PsychotropicSubstances Act, 1985 s. 20(b)(ii)(A)
Judgment
Operative part
J.B.KOSHY, J.-------------------------------Criminal Appeal. No.338 OF 2003 (A)-----------------------------------Dated this the 16th day of July, 2007JUDGMENT Revision petitioner was found in possession of 6.500 gmsof ganja in two packets. It was found that petitioner is guilty of Section 20(b)(ii)(A) of Narcotic Drugs and PsychotropicSubstances Act, 1985 as it was found that what was seized was only a small quantity. I see no reason to interfere with the conviction as he was caught red-handed and there is no technical flaw in the judgment. Punishment prescribed is Rigorous Imprisonment for a term which may extend to six months or a fine which may extend to Rs.10,000/- or both. Considering the nature of offence, quantity involved, I am of the opinion that even though no grounds are made for interfering the conviction, sentence can be changed to three weeks imprisonment and Rs.2,500/- fine. It is submitted that he has already suffered more then three weeks imprisonment. Rs.782/- was already seized from him. If the balance amount is CRL.A.338/20032not paid within two months, he will have to undergo default sentence of Simple Imprisonment for one month. With the above direction this appeal is partly allowed.J.B.KOSHY, JUDGEprp J.B.KOSHY--------------------------Criminal. Appeal.338 OF 2003----------------------------JUDGMENT 16th July, 2007
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With theabove direction this appeal is partly allowed
Which statutory provisions did this judgment involve?
Narcotic Drugs and PsychotropicSubstances Act, 1985 — s. 20(b)(ii)(A).
Which court decided this case, and when?
Kerala High Court, on 16 Jul 2007. The bench was B KOSHY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.