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C. S. DIAS
Jatin – Appellant
Versus
State of Kerala – Respondent
ORDER
The petitioner is an accused in S.C.No.1710/2025 on the file of the Additional Sessions Court-I, Thiruvananthapuram, which has arisen from Crime No.13/2025, registered by the Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, alleging the commission of the offences punishable under Section 8(c) read with Sections 20 (a) (i) and 20 (b) (ii) (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘ the Act’).
2. The prosecution case, succinctly stated, is that on 17.04.2025, at about 19:10 hours, the excise officials received credible information that the petitioner was cultivating cannabis plants on the terrace of a rented building situated in T.C No.43/550 (43), KNRA-18, Kairali Residence Association, Muttathara Village, Thiruvananthapuram District. Acting upon the information, the Detecting Officer and party conducted a search of the building, in the presence of the petitioner, and seized two cannabis plants measuring 59 cm each, and three cannabis plants measuring 46, 35 and 29 cms each, all planted in pots. They also seized 5 grams of ganja seeds and dried branches from the petitioner’s bedroom.
3. I have heard the Sri. Suman Chakra
Quashing – It is duty of High Court to intervene where continuation of criminal proceedings would amount to abuse of process of law, or where dispute is purely of a civil nature and criminal colour h....
The definition of Ganja excludes leaves and seeds when not accompanied by flowering tops, affecting bail eligibility under the NDPS Act.
Point of Law : Police has filed this charge-sheet for cultivation of cannabis plants as also possession of Ganja, if it failed to prove at the time of trial, if at all they are able to prove, that to....
Prosecution must prove beyond reasonable doubt accused's active cultivation of cannabis on jointly owned land through evidence of possession and nurturing; mere presence or joint ownership insufficie....
Section 20 of N.D.P.S. Act reads as punishment for contravention in relation to cannabis plant and cannabis.
The central legal point established in the judgment is the interpretation and application of the NDPS Act, particularly in determining commercial quantity and entitlement to bail under Sec. 167(2) of....
The prosecution must prove beyond reasonable doubt that the accused cultivated prohibited plants, not merely that they were found on their property.
Evidence of conscious possession is essential to prove cultivation under the NDPS Act, and improper weighing procedures render prosecutions unsustainable.
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