APPAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the accused-appellant against the order of conviction and sentence passed by the learned Special Judge (Prl.Sessions Judge), Belgaum in Special Case No.47/2007 by order dated 25.06.2010.

(2.) The learned Judge by the above stated judgment imposed sentence to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.10,000/- for commission of the offence under Section 20(1)(i) read with Section 8(b) of the N.D.P.S. Act, 1985, in default, accused shall undergo rigorous imprisonment for a further period of six months.

(3.) The brief facts for the purpose of the appeal are on 05.07.2005, the PW10 the PSI, Chikkodi Police Station, Chikkodi received credible information that the accused had grown ganja plants in his land bearing R.S. No.36/4/1 of Mamadapur K.K. and that PW10 communicated the information to his superiors and he secured panchas and also the gazzetted officers. Thereafter, the Investigating Officer and witness and Officers went to see the land of the accused where they found 9 ganja plants grown in the midst sugarcane crop. The said plants were plucked and removed from the ground. They were seized under a mahazar in the presence of panchas and said Gazetted Officer viz., PW.1. They weighed the said ganja and were found to weigh 1 kg 115grams. Out of them sample plant weighing 300 grams was separately packed for the purpose of forensic analysis and the bulk plaints were separately packed and were sealed. Thereafter, a complaint came to be registered against the appellant-accused.