JAGANNATH TULJAPPA KATHARE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned advocate for the appellant Sri.S.B.Deyannavar and learned AGA Sri.Vinayak Kulkarni for respondent-State.

(2.) Brief facts of the case of the prosecution is that the accused was found in possession of 40 kgs of ganja, recovered from his house, for which he was not having any permit or licence and thereby he has contravened Section 8(c), punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act , 1985, (for short referred to as 'the NDPS Act ').

(3.) The prosecution in order to prove the guilt of the accused, examined PWs1 to 8, got marked Exs.P1 to 14 and identified M.Os.1 to 5 in support of its contention. The accused has denied all the incriminating materials available on record, but has not chosen to lead any evidence in support of the evidence. The trial Court after taking into consideration all the materials on record, came to the conclusion that the prosecution is successful in proving contravention of Section 8(c) punishable under Section 20(b)(ii)(C) under the NDPS Act and convicted the accused. Aggrieved by said judgment of conviction and order of sentence passed by the trial Court, the accused has preferred this appeal on various grounds.