CHUTAIYA KACHHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Special Sessions judge, Chhatarpur in Special Case No. 113/94 decided on 23. 8. 95.

(2.) APPELLANT has been convicted under Section 20 of narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `act') and sentenced to rigorous imprisonment for one year with fine of Rs. 1000/-, in default further rigorous imprisonment for three months by the impugned judgment.

(3.) ACCORDING to prosecution, on 3. 8. 94 about 1 'o'clock in the the noon, Mubarak Ali, Station House Officer, harpalpur, received a secret information that appellant had unlawfully cultivated Cannabis plants in a garden of village sarsedh. Station House Officer Mubarak Ali then reached the garden at village Sarsedh alongwith Police Staff and panch witnesses and found that appellant had cultivated five cannabis plants amidst Papaya and Eucalyptus trees without any licence. The aforesaid plants were uprooted and seized from the garden cultivated by the appellant in presence of panch witnesses. Appellant was arrested for unlawful cultivation of cannabis plants and was taken to the Police station and an offence under Section 20 of the Act was registered against him and was investigated. The seized cannabis plants were sent for forensic examination. As per forensic report, seized plants were found to be cannabis. After due investigation, appellant was prosecuted under section 20 of the Act and was put to trial before Special court, Chhatarpur.