SHANKAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri N.S.Ghanekar, learned counsel appearing for the appellant - applicant and Shri S.J.Salgare, learned APP appearing for the respondent State.

(2.) The appellant - applicant has preferred the present Criminal Appeal against the Judgment and order dated 29.08.2019 passed by the Additional Sessions Judge, Aurangabad in NDPS S. Case No.4 of 2011. The appellant - applicant has been convicted in the aforesaid case for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as 'the NDPS Act ') and has been sentenced to suffer rigorous imprisonment for ten years with fine of Rs.5,000, in default to suffer rigorous imprisonment for six months. The present application is filed seeking suspension of execution of the sentence imposed upon the applicant and consequently for his release on bail. In short, it was the case of the prosecution that the applicant cultivated Ganja plants in his agricultural land bearing Gut No.211 situated at village Daregaon, Tq.Khultabad, Dist.Aurangabad.

(3.) Shri Ghanekar, learned counsel for the applicant submitted that the prosecution has utterly failed in proving that the Ganja plaints were exclusively belonging to the applicant and he himself cultivated the said plaints. The learned counsel, relying on the Judgments of the Honourable Apex Court in the case of Ramesh Vs. State of M.P. [2011 (3) JLJ 403] and in the case of Alakh Ram Vs. State of U.P. [(2004) 1 SCC 766] , submitted that the Trial Court has failed in appreciating the aforesaid aspects in the present matter, which has resulted in miscarriage of justice. The learned counsel submitted that the appellant - applicant is hopeful of his acquittal from the offences held to have been proved against him. In the result, the learned counsel prayed for suspending the execution of the sentence imposed upon the applicant and for his consequential release on bail.