VANAM Vs. STATE

JUDGEMENT

(1.) THE accused are the appellants.

(2.) ACCORDING to the prosecution, on 18.12.1991, at about 10.30 am. a police party consisting of 18 members including PWs 1, 2 and 4, when they were patrolling in the place called Malayalakudisai, near Valliparai, found cultivation of ganja plants in an area of about 3 acres of land, at the instance of the accused, that under the instructions of PW-4, PW-2 was asked to take necessary further action, that when the police party surrounded the area, both the accused escaped from the spot, that since no independent witnesses were available, PW-1 and one other head Constable, by name Mani, were requested to act as witnesses, that thereafter, the Ganja plants were seized from that area which weighed about 3000 kilos and that thereafter after retaining one plant under MO-1, the remaining plants were destroyed on the instructions of PW.4. It is the case of the prosecution that subsequently, A-1 was arrested at 3 p.m. on 8.2.1993 by PW.4 near Valparai Bus stop. that A- 2 was arrested on 8.3.93 at about 8 am near Kanavillaku Bus stop and that a charge sheet was filed against them on 8.3.1993. It is the further case of the prosecution that PW-2 who was asked to carry out the operation, prepared the First Information Report, and that PW. 4 conducted the investigation. ACCORDING to PW.2, the Police party went to the place of occurrence only based on an information, that before accosting the accused, the details were not available with the police party, that only at the instance of the informant, the accused could be identified by the police party and that for the purpose of identification only, an independent person was taken along with them.