JAGADAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the 5 th accused in CC No.294 of 1989 on the file of the Judicial First Class Magistrate Court- 1, Haripad and the appellant in Crl.Appeal No. 14 of 1998 on the file of the Additional Sessions Court-1, Mavelikkara. The revision petitioner/5th accused along with four others were chargesheeted by the Excise Inspector, Kayamkulam under Section 55(a) of the Kerala Abkari Act.

(2.) The prosecution case in brief is that, on 27.07.1988 at about 11.00 p.m, on receiving information PW3, the Circle Inspector of Police, Kayamkulam conducted search and seizure at the residence of the revision petitioner/5 th accused and seized four gunny bags containing ganja with flowers and dry fruits.

(3.) During the trial of the case, PWs 1 to 7 were examined and marked Exts.P1 to P5 and MO1 on the prosecution side. On closing the evidence of the prosecution, the accused were questioned under Section 313(1)(b) of the Cr.P.C. They denied all the incriminating circumstances appearing in the evidence against them. DW1 was examined on the side of the accused.