(1.) This appeal, at the instance of the sole accused, challenges the judgment in Special Case No. 386/2022 passed by the learned Additional Sessions Judge - 2, Aurangabad. The appellant was convicted of an offence punishable under Sec. 20 (a) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and sentenced to rigorous imprisonment for five years and a fine of Rs.10,000.00. A default sentence of three months' simple imprisonment was also imposed upon the appellant.
(2.) Heard Mr Rehan Khan, along with Advocate Mr Al. Amoodi and Learned APP Ms Ghanekar, for the State,at length.
(3.) In short, it is the case of the prosecution that the appellant was cultivating Cannabis plants on Gut No. 29, which is an offence under the provisions of Sec. 20 of the Act of 1985. It is this conviction that the appellant assails through his lawyer, Mr Rehan Khan. Mr Khan has argued as follows: