LALAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed assailing the judgement of conviction passed by the learned District and Sessions Judge, Dharwad in Special (NDPS) C.C. No. 14/2003 for the offence punishable under Section 20(a)(i) of N.D.P.S. Act, 1985, whereby appellant is sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs. 5,000/ - with default clause.

(2.) MS . Nandini Somapur, learned counsel for the appellant submits that the land from which the ganja plants were grown is not either under the ownership or under the possession of this appellant. No independent witness were examined to establish the cultivation of the land in question by the appellant. The panch witnesses have turned hostile to the case of prosecution. The evidence of the owner of the land was not consistent. By giving undue weight to the evidence of the official witness, the appellant is convicted. There was material contradiction in the evidence of official witness which was overlooked by the Court below. The appellant is a senior citizen and he could not have cultivated land alone, just because the land under his ownership is abutting to the land where Ganja plants were grown, he has been convicted. The judgement passed by the Court below has resulted in miscarriage of justice and liable to be set aside.

(3.) IN the light of the rival submissions, following point arises for consideration: