RUPSING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. G.V.Wani, learned Counsel for the appellant/accused and Mr. B.J.Sonawane, learned A.P.P. for Respondent/State.

(2.) The conviction recorded for the offence under Section 8(b) read with Section 20(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985, directing the accused/appellant to undergo R.I. for three years and to pay a fine of Rs. 300/-, i.d. to suffer R.I. for one year by order dated 30th November, 1996 in Sessions Case No. 274/1995 is under challenge by the aggrieved accused/appellant.

(3.) The prosecution case in brief is that : A.P.I. Mohadikar, while on duty, received secret information on 28.8.1995 that the appellant cultivated ganja in the forest land within the limits of village Nimbdya, Tq. Raver. Consequently, Station diary entry was made. Superiors were communicated, as required under the law. Permission for conducting the raid was received. By soliciting services of panch witnesses and collecting requisite labelling and sealing material with weighing scale, the police party went to the field in a vehicle, when they went at the land, they noticed a hut, the appellant was found working in the field, who disclosed his identity. The police officer forwarded a written intimation to the accused in presence of panch. The police officer and the panch found that in between crops of Jawar and pulse at the northern side of the field, there were around 200 ganja plants (cannabis plants). The plants were uprooted, weight of which was found to be 4 1/2 kg. 50 grams sample from the plants was collected in packet and the sealing and labelling procedure was completed. Panchanama of events was drawn, signed by the panch witnesses. F.I.R., vide C.R. No. 29/2005 of A.P.I. Mohadikar, lodged and he took up the investigation. The Chemical Analyzer, on analysis of the said plants, confirmed the presence of ganja (cannabis). The services of Circle Officer were solicited for drawing the map at the spot, which he completed. After completion of the investigation, charge sheet came to be filed against the accused/appellant before the Sessions Court, Jalgaon for trying the matter under the provisions of N.D.P.S. Act.