STATE OF MADHYA PRADESH Vs. HAKKE

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 30.10.2004 passed by the Special Judge under NDPS Act in Special Case No.13/2003 whereby the respondent has been acquitted from the charge of Section 8 read with Section 20(a)(i) of Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter referred to as "NDPS Act" ).

(2.) THE prosecution's case, in short, is that on 11.11.2003 at about 4:00 AM in the morning SDO (P) Pawai Shri S.L.Sharma (PW -4) was present at the Outpost Mohendra. He had received an information from an informer that the respondent had grown some plants of Ganja in his premises, therefore Shri Sharma had prepared various memos and entries were made in the Rojnamcha. Thereafter he went to the spot along with ASI Braj Bihari Sharma (PW -5) and other Head Constables and Constables. The police force entered in the premises of the respondent after giving a search. The search of the respondent was also taken and force went inside the premises, then it was found that one plant of Ganja was grown in Chhidiya (a portion without roof and left abandoned). Since the plant was thick, and therefore it could not be uprooted and therefore it was cut with the help of an axe and thereafter it was found that the total weight of Ganja was 3.5 kg. Samples of 25 -25 gm of homogenized Ganja were kept separately and sealed. Various memos were prepared. The case was registered and sample was transmitted through SP Panna to the Forensic Science Laboratory and the FSL in its report Ex.P -25 has found that the articles sent for analysis containing Ganja.

(3.) THE respondent abjured his guilt. He took a plea that he was falsely implicated in the matter. The plant was on an open land which was not of the respondent. It was ruined of someone's house in which the plant had grown. In defence Kanchhedi (DW -1) was examined.