K.K. REJJI, S/O KUNIAN KADACHAPARAMBRI, MATHEW, S/O JACO NADUPARMBAL AND JOHN, S/O MATHEW THUNDATTIL Vs. STATE OF KARNATAKA, BY MURDESHWAR P.S. PUBLIC PROSECUTOR REP. BY SPP

JUDGEMENT

(1.) CONVICTED accused is in appeal against the judgment dated 6.11.2003 in Spl. Case No. 8/1998, on the file of learned District and Sessions Judge, Uttara Kannada, Karwar, convicting the Appellants for offence punishable under the provisions of Section 20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act NDPS Act and under Section 25 of Indian Arms Act as also Under Section 147, 447, 427 r/w Section 149 of IPC.

(2.) HEARD both sides.

(3.) TO initiate prosecution A.C.F., Bhatkal and RFO, Manki with their staff conducted raid at the place of offence and report was lodged at the jurisdictional police station. In the report, it was alleged that though there were 7 persons only Petitioners 1, 2 and 3 could be apprehended. The cut trees were seized and the Ganja plants cultivated on the land were destroyed. The complainant also recorded that on search he has found 800 ganja plants on two plots, which were removed and destroyed. As the seizure was also effected during the said raid, it was registered at the jurisdictional police and FIR in Crime No. 23/97 and on further investigation they seized from possession of the accused a S.B.P.L. Gun and that was also recorded in the mahazar. Later RTC extracts were collected to ascertain ownership of the land. Being armed with the F.S.L. report that the forest produce seized from the possession of the accused was in fact Ganja, charge was laid for offence punishable Under Section 20 (a) (b) of NDPS Act. The accused put up a defence of denial simplicitor but did not lead evidence in their defence.