CHANDRA BOSE Vs. EXCISE CIRCLE INSPECTOR

JUDGEMENT

(1.) Petitioner is the accused in Crime No.1 of 2012 of Poojapura Police Station, who is alleged to have committed offences punishable under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act.

(2.) The allegation against the petitioner is that on 20.6.2011 at about 7 p.m., on receiving intimation, the officers concerned reached the place and found the petitioner in possession of 24 Kgs. of Ganja, with leaves, seed, stem and fruit in a bag at Thampanoor, Thiruvananthapuram. He was arrested and a sum of Rs.600/ - was seized. Petitioner has been in custody from 20.6.2012 onwards.

(3.) Learned counsel appearing for the petitioner pointed out that the petitioner has been in custody from 20.6.2012 and his continued custody is unnecessary. It is further contended that the article seized contained seeds and leaves of cannabis plant and in determining the weight of the contraband article, the leaves and seeds will have to be segregated from the flowering and fruiting tops and if that be done, it can be found that the quantity of contraband seized from the possession of the petitioner is less than 20 Kgs. If that he so, the petitioner is in possession of only quantity of Ganja over the small quantity and less than commercial quantity and his continued detention is improper and illegal. In support of his contention, learned counsel relied on the decisions reported in E. Micheal Raj v. Intelligence Officer, Narcotic Control Bureau (AIR 2008 SC 1720) and Salam v. Union of India (2008(1) K.L.T. 498).