STATE Vs. GUNCHU MAJHI

JUDGEMENT

(1.) Acquittal of the respondent in respect of his prosecutor under S.47(b) of the Bihar and Orissa Excise Act, 1915 (hereinafter referred to as 'the Act') is the subject matter of this appeal by the State under S.378 Cr.P.C.

(2.) Prosecution case, in short, is that the respondent was cultivating the hemp plants in his bari. On 10-9-1979 P.W. 4 and his staff went to the village on getting information and on search found 2375 hemp plants in the bari of the respondent which had grown to a height of about 5'.3". The same were uprooted and were seized. Plea of the defence is one of complete denial.

(3.) Four witnesses were examined on behalf of the prosecution. Seizure list was exhibited as Ext. 1 and a sample of the hemp plants seized was produced as a material object since by an earlier order of the Court the other hemp plants which were gradually decomposing were destroyed. Trial court disbelieved. P.Ws. 1 and 2 being outsiders to the village and deputed them as chance witnesses. Seizure of the hemp plants from the bari of the accused was disbelieved on account of discrepancy with regard to time. Non-examination of the villagers was given weight to disbelieve the prosecution case. Trial court observed as follows :-