JOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner concurrently stands convicted under S.55(a) of the Abkari Act and sentenced to suffer simple imprisonment for 3 months and to a fine of Rs. 500/-; in default to S.I. for 3 weeks by judgment of the Judicial 1st Class Magistrate, Kunnamkulam, in S.T. No.10 of 1987 as confirmed in Crl. Appeal No. 4 of 1989 of the Sessions Judge, Trichur. Reportedly, he was found in possession of 60 grams of 'ganja' by the excise petrol party, Kunnamkulam, on 20-12-1986 at about 6 p.m. near the Baiju Theatre, Kunnamkulam.

(2.) P. Ws. land 2 detected the offence. They proved Ext. P1 mahazar for the recovery of 60 grams of 'ganja' from the petitioner. The sample of the contraband was examined by the Chemical Examiner whose report, Ext. P3 showed that it was genuine 'ganja'. Exception was not taken to the, report. The evidence of PWs 1 and 2 was rightly believed. There were no circumstances to disbelieve them.

(3.) Counsel for the petitioner assailed the conviction and sentence on the basis of the decision of this Court in Ramachandran Nair v. State ( 1990 (1) KLT 44 ) where it was held that in the matter, of search, provisions of S.36 of the Abkari Act had to be complied with and if there was failure to do so, which remained unexplained to the satisfaction of the court, the seizure and search would be vitiated. It was held: