NATARAJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused, feeling aggrieved by Judgment of conviction under Sec. 20(b)(i) of THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (hereinafter referred to as "Act") and the order of sentence imposed to undergo rigorous imprisonment for a period of five months and also pay fine of Rs. 5,000/ -, in default to undergo simple imprisonment for a period of 15 days, filed Crl.A. No. 10/2010.

(2.) Prosecution has filed Crl.A. No. 466/2010 to modify the said order of sentence and to impose appropriate and adequate sentence for offence punishable under Sec. 20(b)(i) of the Act.

(3.) Case of the prosecution is, that on 03.09.2005, at about 12 noon, in Sattaramedu Village, Kollegal Taluk, when PW -5 and his staff conducted raid on the house, found the accused to be in possession of 13 kgs 250 gms of ganja Leaves without any permit or licence in contravention of provisions of the Act and as such effected the seizure of ganja leaves under a Mahazar in the presence of Panchayatdars and registered a case in Crime No. 58/2005 for offence punishable under Sec. 20(b)(i) of the Act. After completion of investigation, charge sheet was filed before the Sessions Judge/Special Judge at Chamarajnagar.