THIPPESHAPPA Vs. STATE

JUDGEMENT

(1.) I. A. No. I of 2005 this is an application under Section 389 of the Cr. P. C. by the appellant-accused for suspension of sentence and for bail in SPL. NDPS. No. 4 of 2002, dated 6-1-2005 passed by the learned District and sessions Judge, Davanagere convicting the accused for the offence under section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentencing him to undergo R. I. for one year and to pay a fine of rs. 5,000/-, in default to undego S. I. for 3 months.

(2.) THE brief facts of the case are as follows.-The Police, Channagiri have charge-sheeted the accused for the offence under Section 20 (b) (i) of the Narcotic Drugs and Psychotropic substances Act, 1985 on the allegation that the accused had raised 40 ganja plants in the backyard of his house situated at Malligere Village and that the same were seized under the mahazar Ext. P. 2 in the presence of panch witnesses on 28-8-2002. After the Trial was concluded, the learned Sessions Judge, Davanagere, for the reasons recorded in his judgment convicted the accused and sentenced him as above. The accused has come up in this appeal with the present application for suspension of sentence and for bail.

(3.) THE learned High Court Government Pleader filed a detailed statement of objections praying to dismiss the application.