MOHAN PARIDA Vs. STATE

JUDGEMENT

(1.) The appellant has challenged the judgment dated 20-11-1994 in S.T. No. 51/259 of 1993 passed by Shri N. K. Rajguru Mohapatra, Ist Additional Sessions Judge, Puri convicting the appellant under S. 20(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 20,000.00 (Rupees twenty thousand), in default, to undergo rigorous imprisonment for six months more.

(2.) The prosecution case briefly stated is as follows :On 29-4-1992 getting information about large scale cultivation of cannabis plants (hemp plants) in village Padabhuin, P.S. Sarankul in the district of Nayagarh the Sub-Inspector of Excise (Mobile), Nayagarh (P.W. 4) accompanied by his staff and Executive Magistrate and A.P.R. Force went to the village and conducted raids. He could detect cultivation of hemp plants by many inhabitants of that village and the accused had cultivated 800 (eight hundred) hemp plants in his Bari, adjacent to his residential house. The hemp plants were uprooted and bundled and paper seal was put on the bundle. Thereafter the bundle of the plants were seized in presence of the accused and two local witnesses. The appellant was arrested and brought to the office of P.W. 4 along with the seized bundle of hemp plants. On the next day the accused was produced before the S.D.J.M. Nayagarh who took out one hemp plant as sample and sent the same to the Drugs Control Research Laboratory, Bhubaneswar for examination. After receiving the report (Ext. 4) of the Chemical Examiner confirming that the sample plant was cannabis (Indian hemp) and completing the enquiry, P.W. 4 submitted the prosecution report against the accused-appellant who stood his trial.

(3.) The defence plea is one of denial and false implication by P.W. 4 due to the protest by the appellant to P.W. 4 when he was harassing villagers after recovery of hemp plants grown in a nearby hillock.