ALAKH RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) T:- Leave granted.

(2.) The appellant-Alakh Ram was tried by the Additional Sessions Judge, Jhansi for the offence punishable under S. 8 read with S. 20 of the NDPS Act. He was found guilty under S. 20 and was sentenced to undergo three years' imprisonment. He filed an appeal before the High Court and by the impugned judgment, the High Court declined to interfere with the conviction and sentence.

(3.) The case against the appellant was that he planted Ganja in his Aruee field and on 9-6-1992, the Station Officer Ravinder Kumar Mishra with Constable, P.S. Katera visited the agricultural field belonging to the appellant and seized 17 Ganja plants allegedly planted by the appellant. Two witnesses were also present at the time of the recovery of these plants. All the 17 plants were taken into custody and on chemical analysis, it was proved that these plants were Ganja plants. The appellant on being questioned under S. 313, Cr. P.C. stated that he had filed a criminal complaint against four persons and the SDM had passed order in his favour and that when he went to the police station to serve the order passed by the SDM, he was falsely implicated in the case.