STATE OF ORISSA Vs. JAGABANDHU SAHU

JUDGEMENT

(1.) The State in this appeal has called in question the order of acquittal dated 03.03.1997 passed by the learned Sessions Judge, Phulbani in S.T. No. 102 of 1996 acquitting the respondent of the charge under Section 20(b)(i) of the N.D. & P.S. Act 1985.

(2.) The case of the prosecution in short is that on 11.09.1996 while patrolling, the Sub-Inspector of Excise P.W.3 with his other staff, found ganja plants to have been grown in the backyard of a house. They entered inside and detected three numbers of ganja plants to have been grown there. Those were uprooted, seized and packed after drawal of the samples. It is stated that the respondent is the owner in possession of the said piece of land and as such had cultivated those plants. The samples were then sent for chemical examination. The report in the affirmative was received. So finally the respondent faced the trial.

(3.) The respondent took the plea of denial and false implication in the case.