DHAL SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against judgment dated 11-02-2004 passed by Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth 'the Act, 1985'), Durg in Special Criminal Case No. 9/2003. By the impugned judgment, accused/appellant Dhal Singh has been convicted under Section 20(a)(b)(i) of the Act, 1985 and sentenced to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 5,000/-, in default of payment of fine, to further undergo simple imprisonment for 1 year. Case of the prosecution, in brief, is as under :

(2.) Shri H.S. Ahluwalia, learned counsel for the appellant argued that the prosecution did not prove that the appellant had cultivated Ganja plants. Ganja plants were seized in open place and the field was owned by appellant's father and was given as Adhiya. Chiman and Santosh cultivated in Adhiya on behalf of appellant's father. Exclusive possession of the appellant is not proved and it is quite reasonable that the plants may sprout up naturally. Therefore, the appellant is entitled to be acquitted of the charge framed against him.

(3.) Shri Sandeep Yadav, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge, Durg do not warrant any interference by this court.