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1995 Supreme(Ker) 67

K.P.BALANARAYANA MARAR
Joseph – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The first accused in Sessions Case 165 of 1991 before Sessions Court, Thodupuzha is the appellant. Along with the second accused. He was charged for the offence under S.20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short the act). The prosecution case is that the accused persons along with one Kuttappan were found cultivating 1089 cannabis plants which were aged about 5 months in an area of about 2 acres of revenue land at Pappanpara Thavalam in Chathurangappara Village. The Circle Inspector of Police Nedumkandam along with a police party proceeded to that place on getting credible information that illicit cannabis cultivation was seen at Pappanpara Bhagoni at about 4p.m. on 2-1-1990. The police party reached the place, found the cultivation and the two accused persons and one Kultappan watering, manuring and doing spade work (here. On seeing the police party all the three person attempted to escape. The second accused and Kuttappan succeeded in their attempt. But appellant, the first accused was nabbed by the police. Three cannabis plants were plucked by Pw-2 and taken into custody and the remaining plants were destroyed. The sample ganja plants w


























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