STATE Vs. JALADHAR MAJHI

JUDGEMENT

(1.) THIS is an appeal under Section 378 Code of Criminal Procedure against acquittal of the Respondent who was prosecute a for an offence under Section 47(b) of the Bihar and Orissa Excise Act. 1915 (hereinafter referred to as 'the Act').

(2.) ACCUSATION against the Respondent is that he cultivated 4500 numbers of hemp plants in his bari land which grew upto a height of 3'4' on 10 -9 -1979. when Sub -Inspector of Excise (P.W. 4) along with the staff went to the village, searched the bari of the Respondent in village Majhagaon and finding the said plants uprooted and seized the same.

(3.) THE prosecution examined 4 witnesses and exhibited the seizure list. It produced a sample of hemp plant as M. O. I from out of the plants seized since by earlier order of the Court other hemp plants were destroyed on account of their decomposing stage.