LAWS(APH)-1999-1-24

UDUGULA YADAGIRI Vs. STATE OF ANDHRA PRADESH

Decided On January 19, 1999
UDUGULA YADAGIRI Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This appeal arises out of the conviction of the appellant for the offence of contravention of Section 8(b) of the Narcotic Drugs and Psychotropic Substances Act punishable under Section 20 of the said Act, for which the accused has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- and in default to undergo imprisonment for two months by judgment dated 30-9-1993 in C.C. No.51 of 1992 on the file of the Additional Sessions Judge at Warangal.

(2.) The charge against the accused is mat the Sub-Inspector of Police (P.W.4)got some information that the accused was cultivating ganja plants in his land bearing survey No.518 of village Appalaraopet. In pursuance of the information, he requisitioned the services of the Revenue Inspector (P.W.1} and two panch witnesses, namely, P.Ws.2 and 3 and proceeded to a field purporting to be the Survey No.518 of the said village and found 209 plants of ganja in that field. He got the plants plucked and preserved six plants for the purpose of Chemical Analysis and got the remaining plants destroyed.

(3.) The allegation is that it was the accused who was in possession of theplants and that he cultivated the ganja plants.