SHIVAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Convicted appellant/accused is in appeal against the Judgment of conviction and order of sentence passed by the Sessions Judge, Koppal in Special C.C. (N.D.P.S.) No.1 of 2008, dated 12.04.2011.

(2.) I have heard the learned counsel appearing for the appellant-accused and the learned Additional S.P.P. for the respondent-State.

(3.) The genesis of the complaint is that, credible information was received by P.W.8 on 25.07.2006 that, the accused is in possession of ganja and he has grown ganja crop in his land. Immediately, he informed the same to his higher police officials and secured the pancha witnesses and the Gazetted Officers and went to the spot. Accused and his mother were present; when they made a search of the house, they found dry ganja in a saree bundle and some dry ganja in a carry bag. The accused did not produce any pass or permit for possessing the same. Same was seized. There the people informed that the accused has also grown the ganja in the tomato plants. Immediately, they went there and they saw 29 ganja plants were grown, which are 3 feet to 7 feet in height, all they were removed from the earth and weighed and it was weighing 38 kgs. Same were seized by drawing a mahazar and a complaint was filed. On the basis of the same, a case has been registered in Crime No.84 of 2006 for the offence punishable under Sections 20(A) and 20(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the N.D.P.S. Act'). Thereafter, after investigating the case the charge sheet has been filed. The Special Court took the cognizance and after hearing the learned Public Prosecutor and the learned counsel appearing for the accused the charge was prepared and read over to the accused, accused pleaded not guilty and he claims to be tried and as such trial was fixed.