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2023 Supreme(Online)(Ker) 53767

IN THE HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J.
Anurag Shaji v. State of Kerala


Advocates:
For the Appellants/Petitioners:Counsel for the petitioner
For the Respondents: Public Prosecutor

Table of Content
1. prosecution involves allegations of narcotics. (Para 1 , 2)
2. requirement of chemical analysis for conviction. (Para 3 , 4)
3. court quashed prosecution due to lack of evidence. (Para 5)

1. Petitioner is the accused in ST No. 3543/2023 on the files of Judicial First Class Magistrate Court, Vaikom, registered as Crime No. 846/2023 of Velloor Police Station registered alleging offences under S.27(b) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

2. The prosecution case is that the accused was found on the way side smoking ganja beedi by the police party headed by the informant on 11.08.2023, while they were passing through Aamikkattu Padi Portion in Ambalappady - Mannukunnu Road. On seeing the police party, the petitioner threw away the beedi and tried to escape from the scene. The police party stopped him and conducted a search in which the informant has reached a satisfaction to the effect that the petitioner was smoking ganja beedi. Consequently, the FIR registered. Annexure A is the final report and Annexure B is the seizure mahazar. According to the petitioner, even if the entire allegations are accepted, the offence is not made out against t

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