TANAJI JAGANNATH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.152 of 2021 registered with Police Station Jath, Sangli, for offences punishable under Sec. 8(C), 20(B), 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) It is the case of prosecution that informant and other police staff were on patrolling duty on 31st March 2021. They received secret information that applicant has illegally cultivated ganja in his land at Village Shegaon. Accordingly, they raided the field of applicant bearing Gat No.1589 and applicant was also found present there. After verifying from the Talathi about the land record, they found plants of ganja having 3 to 5 feet height. The plants were uprooted and put in bags in the presence of panch witnesses. The plants were weighing around 21.5 kgs. After completing the necessary formalities First Information Report (FIR) came to be lodged.

(3.) Mr.Salunkhe, learned counsel for the applicant, submits that there is material inconsistency between the quantity found in the field and reflected through the FIR and as mentioned in the Inventory Certificate prepared by the learned Judicial Magistrate, First Class, Jath, District Sangli. Moreover, according to the learned counsel, the entire plants which were allegedly found in the field of applicant were weighed without adhering to the definition of "ganja" given in Sec. 2((b)(c) of the NDPS Act. In such circumstances, according to the learned counsel, the rigours of Sec. 37 of the NDPS Act will not come to the rescue of the prosecution.