The prosecution must establish a clear and credible chain of evidence in drug possession cases to sustain a conviction.

J U D G M E N T

In SC No. 1080 of 2002 on the file of the First Additional Sessions Judge, Kollam, the appellant was tried for the offence under Section 20 (b)(i) of NDPS Act. The accusation was that on 12.12.2000 at about 2.40 pm, SI of Police, Kottarakkara found him to be in possession of 15 grams of ganja, which was kept in 11 small packets. The trial court convicted him and sentenced him to undergo rigorous imprisonment for ₹

three months and to pay a fine of 3,000/- and in default of payment of the fine to undergo simple imprisonment for a further period of one month. The conviction and sentence are challenged in this appeal.

2.According to the prosecution, PW5 SI of Police got information at 2.30 pm on 12.12.2000 that the appellant was selling ganja on the road leading to KNS Hospital at Kottarakkara. The Sub Inspector along with PW2 proceeded to the spot, where he found the appellant, who had a plastic carry bag in his hand. On seeing the police, he attempted to conceal it. The Sub Inspector questioned him. The former understood that the contents of the carry bag was ganja. The appellant told him that he would like to be searched in the presence of a gazetted officer or a magistrate. At the request of the Sub Inspector, PW4 Excise Circle Inspector came to the spot. The carry bag in the hands of the appellant was searched. Eleven packets of ganja were found. The total quantity of ganja was 15 grams. The appellant was arrested and the ganja was seized. The contraband was sealed. The appellant and the contraband were taken to the police station.

3.The prosecution relies on Ext.P6 report of the Scientific Assistant (Chemistry) attached to the Forensic Science Laboratory, Thiruvananthapuram to prove that the contraband was ganja. The report shows that it was ganja.

4.PW4 Excise Circle Inspector, in whose presence the carry bag was searched, deposed that at the request of the police he went to the place of occurrence, where PW5 SI of Police searched the appellant, eleven small packets of ganja were found in the carry bag the appellant had with him, on weighing it, the quantity of ganja was found to be 15 grams. It was packed and sealed in his presence and of witnesses.

5.PW1 and PW3 are said to be independent witnesses in whose presence the ganja was seized. Both of them claimed to be journalists. In his examination in chief PW1 deposed that on seeing the police at the place of occurrence, he went there only to see that the police seizing ganja from the possession of the appellant. He added that thereafter PW4 Excise Circle Inspector came there. If this is true, even before PW4 came to the place of occurrence, PW5 SI of Police had searched the appellant and seized ganja. But, in the cross-examination PW1 gave a slightly different version. He said that the Excise Circle Inspector came to the place of occurrence before the packets were opened. That the Sub Inspector opened the packets only after PW4 came to the spot is immaterial. What is material is search of the appellant.

6.It is the definite case of PW4 Excise Circle Inspector and PW1 that ganja was weighed at the place of occurrence, but PW3 did not claim to have seen it. This is strange.

7.PW5 SI of Police deposed that along with the appellant and contraband, he went to the police station and prepared Ext.P4 FIR. Ext.P5 is the property list prepared by him. He produced the material objects before the court. It is seen from Ext.P5 property list that the material objects were produced before the court three days after the occurrence. A packet weighing 25 grams was produced before the court. It is not known who was in custody of it before it was produced in court three days later. The packet was marked as MO1.

8.Ext.P6 Chemical Examiner's Report shows that the Laboratory received 16.45 grams of dried ganja. It is specifically mentioned that, that was the weight of the ganja, not of the packet. If the weight of the ganja that was seized was only 15 grams, how 16.45 grams of ganja w