RANGASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Section 20(b)(ii)(C) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act for short), on a trial held by the Sessions Judge, Chitradurga.

(2.) THE facts reveal that on 24.09.2009 PW6 Devaraj, the Excise Inspector of Hiriyur Circle received information of illegal storage of ganja in the farm house of the appellant at Talavatti village in Hiriyur Taluk. He informed this fact to his superior officers and requested PW1 Maruti, the Tahsildar to participate in the raid. He secured two independent witnesses i.e., PWs.2 and 3 and also the Vigilance Squad of Excise department and went to raid the premises. He did not obtain search warrant as there was urgency and during the raid in the house premises of appellant, he found 6 bags of wet ganja leaves weighing about 30 kgs. In the other portion of house, he found 10 bags of dry ganja leaves weighing 48 kgs. After enquiry with the accused, he said that he has grown ganja in his land and the team went for the inspection of the land of accused. They found some ganja plants as well. They were uprooted and weighted and totally 1 kgs of ganja plants were found. The samples were taken and they were sent to the chemical analyst. The remaining ganja was seized and the mahazar to that effect was drawn under Ex.P2. After return to the office, he registered the crime and sent FIR. The appellant was apprehended and later he was produced before the Court after arrest. In the course of investigation, the statements were recorded, seized samples were sent for the opinion of expert. The report Ex.P5 was obtained. The required documents were collected and on completion of investigation, chargesheet was laid against him for the aforesaid offences. During the trial, the prosecution examined PWs.1 to 9 and in their evidence, documents Exs.P1 to P15 and Mos.1 to 17 were marked. Statement of the accused was recorded under Section 313 Cr.P.C. No defence evidence was led. Ex.D1 was got marked in the evidence of prosecution. The Trial Court after hearing the counsel and on appreciation of the evidence on record, convicted the appellant for the charge under Section 20(b)(ii)(C) of the Act and ordered him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,00,000/ - in default to undergo simple imprisonment for one year. Aggrieved by the conviction and sentence under the impugned judgment and order, the present appeal is filed.

(3.) I have heard Sri.S K Venkata Reddy, learned Counsel for the appellant and also learned High Court Government Pleader.