SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Ker) 132

R.BASANT
Sivadasan – Appellant
Versus
State – Respondent


Judgment :-

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

























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top