D S MEGHARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 28.04.2010 passed by the Special Judge, Shimoga, in Spl. (NDPS) Case No.7/2009, whereby the appellant/accused No.1 was tried and convicted for the offence punishable under Section 8(b) r/w Section 20(a)(i) of N.D.P.S. Act, 1985 and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.50,000/ - and in default, to undergo further rigorous imprisonment for three months.

(2.) THE appellant was accused No.1. He along with his brother/accused No.2 said to have grown 120 cannabis plants in his land bearing Sy.No.11/P2 of Donandur Village in Sagar Taluk, without licence, permit or authorization from competent authority. Upon receipt of the credible information, on 28.10.2008 at 9.00 a.m. PW.1 -Devaraju A.G., Dy.S.P., Sagar Sub -Division, along with other police officers, two panchas -PWs.2 and 3, a photographer -PW.6, proceeded to Donandur village in Sy.No.11/P2 and found 120 cannabis plants grown in an area of 1 1/2 acres in the midst of Chilly and Ginger plants. By seeing the police, accused Nos.1 and 2, who were there in the land started running away. But, somehow accused No.1 was apprehended by the police while accused No.2 escaped. PW.1 summoned PW.8 -Village Accountant, who inturn identified the land wherein the cannabis plants were grown is of the ownership of accused No.1 bearing Sy.No.11/P2 measuring 1 acre and 32 guntas. All 120 cannabis plants were uprooted in the presence of panchas after taking the photographs by PW.6. All 120 cannabis plants were seized under a panchanama -Ex.P1 in the presence of panchas PWs.2 and 3. Accused No.1 was taken to custody. PW.1 along with accused No.1 went to Sagar Rural Police Station and gave a report/complaint as per Ex.P2 and handed over the seized cannabis plants. The Sub - Inspector of Police, Sagar Rural Police Station, registered a case in Crime No.341/2008 under Section 8(b) and 20(a) of NDPS Act, 1985. He sent 2 cannabis plants taken for sample to F.S.L. Bengaluru and received opinion as per Ex.P -19 that the sample was positive to cannabis (ganja). The Investigating Officer recorded the statement of all the members of the raiding party and other witnesses. He secured R.T.C. extract of Sy.No.11/P2 as per Ex.P -20 and filed charge -sheet against both the accused persons for the offences punishable under Sections 8(b), 14, 20(a)(b), I and (II), 27(a)(b) of N.D.P.S. Act, 1985 before the Special Judge.

(3.) BOTH the accused having pleaded not guilty and claimed to be tried to the charges levelled against them, the prosecution in order to substantiate the charges, examined 10 witnesses as PWs.1 to 10, marked Exs.P -1 to P -20 apart from MOs -1 and 2. In defence, the accused examined one Venkataswamy, the adjacent holder of the land as DW.1 and got marked Exs.D1 to D5. After hearing the arguments, the Court below framed the following points for consideration: -