JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in S.C. 97 of 1992 on the file of the Additional Sessions Judge, Thodupuzha challenges his conviction under Sec. 20(a) (i) of the Narcotic Drugs and Psychotropic Substances Act. 1985 (for short the Act) in this appeal.

(2.) The sentence awarded is four years rigorous imprisonment and a fine of Rs. 30,000/- with default clause to undergo further rigorous imprisonment for a period of one year. The second accused in the case was acquitted.

(3.) On 24-9-1991, P.W. 5 the Sub Inspector of Police, Vellathooval got information that ganja was being cultivated in Panickankudy Chem pakappara and for conducting raid he proceeded to the place together with other police officials. On the way, he got specific information that accused 1 and 2 had cultivated ganja in a property possessed by the first accused. Thereupon, P. W. 5 went to the place detected the ganja cultivation, took two plants for samples and destroyed the rest. For that he prepared Ext. P.S Mahazar and on returning to the police station, he made a suo motu report Ext. P. 6 and on the basis of Ext. P.6, Ext. P. 6(a) F.I.R. was prepared and a case under Sec. 20(a) (i) of the Act was registered as Crime No. 169/199 1 of that police station.