BHUJANG SIDDARAM MUNDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal preferred by the accused against the judgment of conviction and sentence imposed by the learned Special Judge (Principal Sessions Judge), Belgaum, in Special Case No.127 of 2009 dated 22.01.2011, wherein the accused has been convicted for the offences punishable under Section 20(b)(ii)(B) read with Section 8(c) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the 'NDPS Act', for short) and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.50,000/- and in default of payment of fine, to undergo further rigorous imprisonment for a further period of one year.

(2.) Brief facts leading to the case on hand are as under:

(3.) Learned counsel for the appellant submitted that there was no segregation of the contraband seized i.e., the leaves and stems. Therefore, it cannot be said that the article that was seized was ganja. The author of Ex.P-7 was not examined. There was no proper investigation as provided under the NDPS Act. Therefore, the learned counsel has prayed to allow the appeal by acquitting the accused.