VITTHAL S/O DHULABAJI CHAFLE Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, P S KARANJA, DISTT WARDHA

JUDGEMENT

(1.) Appellant (hereinafter referred to as 'accused') assailed the judgment of conviction passed by 2nd Adhoc Additional Sessions Judge, Wardha in Special Case No. 14/2006 by which accused is convicted for the offence punishable under Section 20(b)(i)(A) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'N.D.P.S. Act') and sentenced to suffer rigorous imprisonment for three months and to pay fine of Rs. 1000/- in default to suffer simple imprisonment for 15 days.

(2.) The case of the prosecution in short against the appellant is as under :-

(3.) Heard learned Counsel Shri Sable for the appellant/ accused. He has submitted that in the FIR, only green leaves were mentioned. There is nothing to show that it was ganja. He has pointed out that panch witnesses were not impartial. They were panch witnesses of police. Independent witnesses not examined. Prosecution has failed to prove the guilt of accused, hence, accused/appellant is entitled for acquittal.