GOVIND BARVE Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 30-11-1995 passed by II Additional Sessions Judge, Raipur in Special Cr. Case No. 200/91, convicting the appellant under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "the Act, 1985") and sentencing him to undergo RI for six months, pay a fine of Rs. 500/- and in default thereof, to undergo additional RI for three months. Case of the prosecution, in brief, is that on 12-4-1991 Assistant Sub-Inspector BP Mishra of Police Station--Azad Chowk, Raipur received secret information that in Shivnagar, the appellant had cultivated a ganja plant by the side of drain of his house. Thereupon, BP Mishra (PW 2) alongwith Head Constable No. 1041 Rajesh (PW 3), Head Constable No. 1652, Constable No. 962, Constable No. 595 and witnesses Vijay Hirwani as welt as Chhabiram (PW 4), proceeded to the spot, where they found that the appellant had cultivated a ganja plant by the side of drain of his house. On being asked, the appellant admitted that he has cultivated the said ganja plant and it belongs to him. Thereafter, the said ganja plant was uprooted in the presence of witnesses and seized in their presence from the possession of the appellant vide seizure memo Ex. P/2. The said ganja plant was about 4 feet in height and its weight was about 500 gms. After that, ASI BP Mishra (PW 2) recorded the statements of the witnesses and after arrest, the appellant was brought to the police station. However, nothing was recovered on personal search of the appellant. First Information Report (Ex. P/1) was registered by Police Station--Azad Chowk, Raipur. The seized ganja plant was sent for chemical examination to FSL, Sagar through Superintendent of Police, Raipur. After examination, report Ex. P/3 was received from the FSL, Sagar.

(2.) After completion of investigation, offence under Section 20 of the Act, 1985 was found to have been committed by the appellant and consequently, charge sheet for the said offence was filed against the appellant before the competent criminal Court.

(3.) Charge under Section 20 of the Act, 1985 was framed against the appellant, who abjured his guilt and pleaded for trial. During trial, the prosecution examined Ganpatlal (PW 1), ASI BP Mishra (PW 2), Head Constable No. 1041 Rajesh (PW 3) and Chhabiram (PW 4). On being examined under Section 313 of Cr.P.C., the appellant denied the circumstances appearing in evidence against him and stated that the said ganja plant had grown by the side of a public drain, which does not belong to him. The appellant has also stated that on being asked by the police, he had uprooted the said ganja plant and had handed over the same to the police. The appellant examined Deepak as DW-1 in his defence.