S S RAJAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) THE petitioner is the sixth accused in C. C. No. 571 of 2003 on the file of the learned Special Judge for Narcotic drugs and Psychotropic Substances Act, 1985.

(2.) THE case of the prosecution is that on 13-2-2003 at 2. 30 p. m. , while the Inspector of Police, T. Kallupatti Police Station, was going on raid, he found 300 Ganja plants being cultivated by accused 1 to 5 in the guava garden which belongs to the peti-tioner/a-6.

(3.) LEARNED counsel for the petitioner submitted that though this petitioner is the owner of the land, without his knowledge, the first accused who is the watchman of the garden with the connivance of accused no. 2 to 5 cultivated Ganja in the land. Even as per the materials available with the prosecution except the fact the petitioner is the owner of the land, there is no other material either to show that the petitioner had the knowledge about the cultivation of the Ganja or accused 1 to 5 acted on the instructions from this petitioner/accused.