KARTIKA BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, by filing this appeal, has assailed the judgment of conviction and order of sentence dated 12.02.1993 passed by the learned Sessions Judge, Balangir in Sessions Case No.94 of 1992.

(2.) Prosecution case in brief is that on 30.08.1992 around 10 A.M. during the day time, the Assistant Sub-Inspector and Sub-Inspector, Excise Balangir (P.W.2 and 3) had gone to the house of the accused. They detected two hemp plants to have been grown in the backyard of the accused and seized those.

(3.) The trial court having examined the evidence of three prosecution witnesses as well as those two examined on behalf of the defence and on scrutiny of the documents proved from both the side has arrived at a conclusion that the accused had grown those two hemp plants seized from his bari. Having said so, the accused has been convicted for the offence under section 20(a)(i) of the N.D.P.S. Act and has been sentenced as aforesaid.