R.BASANT
Sivadasan – Appellant
Versus
State – Respondent
1. Does the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as NDPS Act for short, which was enacted later completely bar a prosecution under S.55(a) of the Kerala Abkari Act for possession of ganja is the crucial question raised in this Revision Petition. The revision petitioner assails the concurrent verdict of guilty, conviction and sentence imposed on him under S.55(a) of the Kerala Abkari Act.
2. The allegation against the petitioner is that at 9 a.m. on 2nd November 1989 when PWs.1 and 2 were on patrol duty they intercepted the petitioner and he was found to keep in his possession 8 packets of ganja weighing about 15 grams at P.C. Road junction at Mukkom. PW.1 seized the contraband article under Ext.P1 mahazar. Ext.P2 first information report was registered. The case was transferred to P.W.3 the Excise Inspector. Ext.P3 is the occurrence report. Ext.P4 chemical analysis report was secured by P.W.3 and it was found that the article seized was genuine ganja (cannabis sativa).
3. The accused denied the offence and thereupon the prosecution examined P.Ws.1 to 3 and proved Exts.P1 to P4. M.O.1 series ganja packets were also marked. The accused too
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