HAKHANBASHA HANIFSAB DESAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant and the learned High Court Government Pleader.

(2.) THIS is an appeal preferred by the aggrieved accused against the judgment and sentence passed in Special Case No.99/2002 for the offences punishable under Sections 20(b) and (i) of The Narcotic Drugs and Psychotropic Substances Act, 1985 in sentencing the accused to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.13,500/ - and in default to undergo simple imprisonment for three months.

(3.) THE brief factual matrix of the case that emanate from the records are that, on credible information received by PW -8 A.S. Ghori on 24.04.2002 that, on that particular day one Akanbasha Desai, the accused herein was possessing ganja in one air bag and one hand bag near a place called Managutti Village. Immediately the said person along with other staff members went to that particular place found the accused possessing illegally 13 kg. 500 grms. of ganja worth Rs.13,500/ - i.e. 5 kgs in a wire basket wrapped in a white bag and 8.5 kgs. in a rexine air -bag. It is further alleged that, the accused was in possession of the same for the purpose of selling the same without a valid permit or licence.