SATHISH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C. C. No. 134 of 2001 on the file of the Presiding Officer, Special Court for E. C/NDPS Act cases for the Districts of Coimbatore, Erode and Nilgiris at Coimbatore.

(2.) THE case of the prosecution in brief is that on 4. 3. 2001 at about 5. 30p. m. , when the complainant, the Forest Range Officer, Sirumugai Forest, Sirumugai was indulged in raid at Bethikuttai Pirivu, Nilgiris Eastern Slope Kappukadu, Koothamandi Southern Beat near Thombu Pallam along with his party found the accused cultivating ganja plants in the Reserve Forest by way of ploughing the land, sowing seeds and irrigating through hose pipes and thereby A1 and A2 have committed an offence under Section 21(d)(e) and (g) of Tamil Nadu Forest Act, 1882 and Section 20(a) of NDPS Act 1985.

(3.) P. W. 1 is the Forest Ranger of Sirumugai Forest Range. On 24. 3. 2001 at about 5. 30p. m. , while, he was on his routine patrol duty along with Sub Inspector, Sivalingam and other forest officials, saw both the accused at Thombupallam Slope at about 5. 30p. m. , have trespassed into the forest area and after cleaning the forest have raised ganja plant and were watering the same with the help of hosepipes in an area of 1 " acres and the ganja plants were all two months old crops with the height of 1 " feet. After complying with the mandatory provision under Section 50 of the NDPS Act asking the accused whether they prepared for a search to be conducted before the gazetted officer or before the Judicial Magistrate. Both the accused gave their consent for the search being made by P. W. 1 himself. Thereafter, he had recorded the submissions of A1 and A2 and under Ex P1 mahazar had recovered M. O1 Sickle, M. O. 2 axe, M. O. 3 series Spades ,M. O. 4 hose pipe and has also collected five ganja plants under "H" form ExP2 and has destroyed the remaining ganja plants by fire. Ex P3 is the statement of A1 and Ex P4 is the statement of A2. Thereafter, he has arrested both the accused and produced the accused before the Judicial Magistrate, Mettupalayam for remand on the following day. Out of five ganja plants, the seizure from the place of occurrence, one plant was sent for chemical analysis. Ex P5 is the letter of requisition of P. W. 1 to the Court for sending one of the Ganja Plants seized for chemical analysis. Ex P6 is the notification to show that the place of occurrence is a Tamil Nadu Government's Forest lands. ExP7 is the sketch. Ex P8 is the analyst's report.