HIRAMAN LAL HALBA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 28.03.2001 passed by Special Judge, Rajnandgaon (C.G.) in Special Case No. 51/2000, wherein the said court convicted the appellant for commission of offence under Section 20(b)(i) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the Act, 1985") and sentenced to undergo R.I. for 5 years and fine of Rs. 5000/- with further default stipulations.

(2.) As per case of the prosecution, information was received by police officer of Police Station- Rajnandgaon that the appellant has cultivated contraband plant. After complying with all the legal formalities, the police officer reached to the spot and seized the contraband plants. The matter was investigated, appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-