SHAIK BANDE ALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The learned first Additional Sessions Judge, Warangal, convicted the appellant herein for the offence punishable under Section 8(b) read with Section 20(i)(b) of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and sentenced to him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 3,000 (Rs. Three thousand only) in default to suffer rigorous imprisonment for a period of six months. The appellant challenges the conviction, as well as the sentence imposed on him by the learned Sessions Judge. The Judgment dated 2-7-1997 in Calendar Case No. 90 of 1995 on the file of the learned First Additional Sessions Judge, Warangal, is impugned in this criminal appeal.

(2.) It may be necessary to briefly notice the case of the prosecution before adverting to the questions that may arise for consideration in this case. The Station House Officer, Khanapur P.S., in pursuance of the information about the cultivation of ganja plants, raided the land in the possession of the appellant herein on 5-10-1994. The land is located behind his house at Biudharaopet village. The inspection is alleged to have been taken place in the presence of two mediators, who are examined as PWs 1 and 2 . The Village Administrative Officer, examined as PW 3, is also stated to have been present at the time of raid. It was found that the appellant herein was illegally cultivating and raised sixty two ganja plants in the land. The plants were got plucked. They were sent under a Panchanama for chemical analysis. On analysis the samples were found to be ganja plants.

(3.) The prosecution examined PWs 1 to 5 and got marked Exs. P-1 to P-6. The learned Additional Sessions Judge, upon appreciation of the evidence, as well as the material available on record, found the appellant herein guilty of the charge framed under Section 8(b) read with Section 20 of the Act and accordingly he was convicted and sentenced as noticed supra.