STATE OF MADHYA PRADESH Vs. RAMCHARAN

JUDGEMENT

(1.) Respondent having been acquitted of the charge under section 20 (a) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 by judgment dated 29.12.2018 has led the prosecution to file this application for leave to appeal.

(2.) Evidently, the respondent was prosecuted on the story that on 28.10.2015 acting on the information given by the informer the Police of Police Station Indar found that a cannabis plant has been grown by the respondent behind his house. After necessary investigation and preparation of seizure report the charge-sheet was filed. The trial was set in motion. The prosecution examined nine witnesses to bring home the charges. However, as the prosecution failed to correlate the place from where the plant was found to have been belonging to the respondent accused person, the Trial Court acquitted him from the charges.

(3.) Learned Public Prosecutor taking us through the evidence on record attempted to dislodge the finding arrived at by the Trial Court more particularly the findings in paragraph 20, 21 and 29, wherein the Trial Court recorded: