CHANNABASAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed challenging the judgment of conviction and sentence dated 20.12.2010 passed in Special Case No.06/2008 on the file of the District and Sessions Judge at Chamarajanagar challenging the conviction of the accused for the offence punishable under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (' NDPS Act ' for short) and sentencing him for rigorous imprisonment for a period of three months and to pay a fine of Rs.2,000/-.

(2.) The factual matrix of the case is that on 24.12.2007 at about 7.15 a.m., P.W.5 - Police Inspector had received the credible information and based on that information along with the panchas and his staff, he raided the land bearing Survey No.421/1 of Berut Shagya Village, Kollegal Taluk and found that the accused had cultivated 15 ganja plants in the midst of chilli plants without any licence or permit. Hence, a case has been registered and thereafter investigation has been conducted and charge-sheet has been filed against the accused for the offence punishable under Sections 20(a) and 20(b) of the NDPS Act.

(3.) The accused appeared before the Trial Court and denied the charges leveled against him and hence the prosecution relied upon the evidence of P.Ws.1 to 7 and got marked the documents at Exs.P.1 to 11. The accused has not led any defence evidence. The sample ganja was marked as M.O.1. The Trial Judge after considering both oral and documentary evidence placed on record convicted the accused and sentenced him and hence the present appeal.