DOMINIC Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions arise from similar facts, and are accordingly disposed of by a common order.

(2.) Petitioner in Crl. R. P. 687/86 is the accused in C. C. 1524/83. while petitioner in Crl. R. P. 688/86 is the accused in C. C. 1525/83 on the file of Judicial Magistrate of Second Class, Ernakulam. Both were charged under S.55(a) of the Abkari Act. Petitioner in Crl. R. P, 687/86 was found in jeep bearing registration No. K. R. K. 3290 at or about 7.15 a. m. on 5-9-1983 by pws. 2 & 3 Excise Officials. They searched the jeep and recovered 93.26 kgs. of ganja under Ext. P1 mahazar, attested by pw. 1 who turned hostile. A sample was sent for chemical analysis, and by Ext. Cl it was reported to be 'ganja'. On the evidence of pws. 2 & 3 and on the basis of Ext. C 1, petitioner was found guilty by Courts below.

(3.) Petitioner in Crl.R.P. 688/86 was also found in jeep bearing registration No. K.L.O. 9734 in front of the Sea Face Tourist Home, Ernakulam (where petitioner in Crl. R. P. 687/86 was also found) at or about 7.15 a.m. on 5-9-1983 by pws. 2 and 3. They recovered 89 kgs. of 'ganja' from the jeep under Ext. P1 mahazar attested by pw. J, who eventually turned hostile. On the evidence of pws. 2 and 3 and on the basis of Ext. Cl, Courts below found the charge.