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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
CHAGAMTI HARSHA VARDHAN REDDY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
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| 1. allegation of smoking ganja was based on suspicion. (Para 1 , 2) |
| 2. counsel argued lack of evidence due to absence of chemical analysis. (Para 3 , 4 , 5) |
| 3. court emphasized legal requirement for evidence in ndps cases. (Para 6 , 7 , 8) |
ORDER
The petitioner is the accused in C.C.No.1025/2025 on the file of the Court of the Judicial First Class Magistrate-I, Sulthanbathery, Wayanad, (‘Trial Court’, in short), which has originated from Crime No.946/2025 registered by the Sulthanbathery Police Station, alleging the commission of the offence punishable under Section 27 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 , (‘NDPS’, in short).
2. The crux of the prosecution allegation is that; on
08.07.2025, at 18.15 hours, the accused was found near the Muthanga Police Check Post smoking ganja. Thus, the accused have committed the above offence.
3. I have heard, the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner submits that, it is merely on the basis of suspicion that the Detecting Officer has reported that the petitioner was smoking ganja. The Investigating Officer did not subject the contraband
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