STATE OF KARNATAKA Vs. IMTIYAZ

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-State, being aggrieved by the judgment and order of acquittal passed by the Additional Civil Judge & JMFC I Court, Bantwal, Dakshina Kannada in C.C.No.61/2013 dated 27.09.2017.

(2.) I have heard the learned High Court Government Pleader for the appellant/State and learned counsel for the respondent/accused.

(3.) The case of the prosecution in brief is that on 20.07.2011 at about 11.00 a.m., the accused was standing near Sajepanadu Junction, Sajepanadu Village, Bantwal Taluk and was trying to sell Ganja to the public. On credible information received by the Investigating Agency, they went to the spot by informing the same to higher Officials and by securing independent witness and raiding party and there, she found accused was in illegal possession of Ganja without any permission or license, he was trying to sell the same to the general public. Immediately, the Investigating Officer apprehended and on search, it was found that the accused was in illegal possession of 100 gms. of Ganja and the same was seized by drawing Mahazar and a complaint was registered in Crime No.164/2011 for the offences punishable under Sections 8(c) read with Section 20(b)(ii))(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for brevity). After investigation, the charge sheet was filed. The learned counsel for the Magistrate took cognizance and secure the presence of the accused and after hearing, the learned Assistant Public Prosecutor and learned counsel for the accused, the charges were framed and explained to the accused. The accused pleaded not guilty, he claims to be tried as such trial was fixed.