P UREGI Vs. STATE

JUDGEMENT

(1.) THE Order of the Court is as follows : - The first two appeals were filed against the conviction of the accused 3 and 2 respectively and the third appeal was filed by the State against the acquittal of the first accused in C.C. No. 43/91 on the file of the I Additional Sessions Judge, Madurai.

(2.) THE learned Sessions Judge while acquitting the first accused, convicted the second and third accused on a charge that in between 17 -10 -1989 and 20 -10 -1989 the NDPS officers saw cultivation of cannabis for about 31 acres in Mathikettan Parai, Thalai vetti Parai, Utthamapalayam and in Semangakuzhulipallam and destroyed them. Further charge is that the second and third accused cultivated cannabis plants in the land belonging to the first accused and on the directions of the first accused. The second and third accused were convicted by the Trial Judge for an offence under Section 8(b) read with 21(a) clause 1 of the NDPS Act and each of them was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 10, 000/ - each in default to undergo rigorous imprisonment for one year. Hence the appeals.

(3.) AFTER the evidence of prosecution was over, the accused were examined under Section 313 Cr.P.C. to explain the incriminatory circumstances appearing in the evidence against them. They denied the commission of the offence and pleaded innocence.