PETHARAN Vs. STATE

JUDGEMENT

(1.) FOR cultivation of Ganja in half acre of Reserved Forest Range, Appellants / Accused 1 and 2 have been convicted under Sec. 20 (a) (i) N. D. P. S. Act in C. C. No. 260 of 1995. By the Judgment dated 25. 07. 1997 the Special Judge, E. C and N. D. P. S. Act, Coimbatore has sentenced them to undergo Rigorous Imprisonment for a period of one year and also imposing fine of Rs. 1000/ -.

(2.) CASE of prosecution could briefly be stated thus: on 19. 11. 1994, on receipt of reliable information that Ganja Plants were planted at Kudhini Forest Range, P. W. 4-Inspector of Police, Kothagiri Circle proceeded along with the Police Party and accompanied by Independent Witness-P. W. 1-Kulandaivelu and another Witness by name Raju. In the Reserved Forest Range at Kudhini, P. W. 4-Inspector of Police, Police Party and the Witnesses have seen the cultivation of Ganja plants in half acre of land and the Accused 1 and 2 being present thereon. The First Accused was caught red-handed by P. W. 4. The Second Accused Ganesan has managed to escape and sped away from the scene of occurrence.

(3.) THE First Accused was arrested at about 10. 00 a. m on 19. 11. 1994. On being interrogated, A-1 admitted cultivation of Ganja Plantation in Reserved Forest Range. P. W. 4 seized 5 Kgs of green Ganja leaves in the presence of P. W. 1 and another Witness Raju under Ex. P. 1-Seizure Mahazar. Remaining Ganja Plants cultivated in half acre of land were destroyed in the presence of Witnesses under Ex. P. 2-Destruction Mahazar.