The main legal point established in the judgment is the reliance on evidence to establish the offence under the Abkari Act and the court's discretion to enhance the sentence based on the seriousness of dealing in drugs.

1. Petitioner in Crl. R.P. 691 of 1986 was found guilty of the offence under S.55 (a) of the Abkari Act, by the courts below. His conviction is challenged in the revision petition. In Crl R. C. 99 of 1988, petitioner was directed to show cause why the sentence should not be enhanced. Prosecution case is that on receiving information that petitioner had ganja with, him, his house was raided at or about 2.30p.m. on 21-7-83 by PW1 Excise Inspector and others. When PWs.1 and 2 entered the house, petitioner ran away. They seized 16 K.gms. of ganja from a bedroom in the house. Ext. P2 mahazar was prepared for the seizure and PWs. 3 and 4 are the attestors to Ext. P2. A samble of the article seized was sent for chemical examination, and by Ext. P3 it was reported that the samble analysed was ganja. On this evidence, courts below found the charge.

2. Learned counsel for petitioner submitted that identity of the person who ran. away from the house was not established. The evidence of PWl is to the effect that on seeing the excise party, 'joy (accused) ran away through the backyard of the house'. It is not possible to say that identity has not been established. Then, it was contended that the house belongs to the father-in-law of the petitioner and not to him. Petitioner's father-in-law John was not examined as a witness, and this was adversely commented on. The door number as of the house is not clear, but there is evidence that petitioner was residing in the house. The finding entered on this evidence cannot be considered unreasonable.

3. It was the further contention of counsel that the certificate of analysis cannot be acted on in the light of the decision in State of Kerala v. Shaju (1985 K.L.T. 33). In the nature of the article seized, I am not inclined to think that the certificate does not conclusively establish its nature. May be, in certain cases details would be necessary. But, depending on the nature of the article, even without such details findings in the report can be accepted. Unlike illicit liquor, where the content of ethyl alcohol will be material, in the case of ganja identification by sight and smell by persons familiar with it such as excise Officials can be accepted. Apart from the evidence of the excise officials, there is the report of the Joint Chemical Examiner to prove the nature of the article. This evidence can be accepted as conclusive. Counsel raised a further contention that the certificate issued by the Joint Chemical Examiner cannot be accepted under S.293 of the Code, as Joint Chemical Examiner is not named in the section. I am not inclined to accept this submission. It is true that Joint Chemical Examiner is not named in the section. That may be because, such a post was not in existence at the material time Joint Chemical Examiner also is comprehended by the expression 'Chemical Examiner' and it is certainly not the intention of the legislature to exclude the joint Chemical Examiner when the Assistant Chemical Examiner has been included and considered competent. Thus, the finding based on the evidence of PWs. I and 2 corroborated by the evidence of PWs. 3 and 4 and certificate of analysis clearly establishes the offence, and conviction is proper.

4. Then arises the question of sentence. Only the minimum sentence prescribed is imposed. Imposition of minimum sentence, is common experience, in cases under this Act. It is not as if the minimum sentence, is the only sentence that could be imposed. Sentence should be commensurate with the gravity of the offence. In appropriate cases, a sentence above the minimum, is called for. Dealing in drugs, is a very serious offence and in the recent past such offence have reached distressing proportions. It has an impact on public health. A large percentage of the users of cannabis, are young people including adolescents. Those who sell such drugs are slowly but surely depersonalising those who use it, and condemning them to a worthless life and slow death.