LAWS(HPH)-2022-2-33

SWARI DEVI Vs. STATE OF H.P.

Decided On February 18, 2022
Swari Devi Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Status report stands filed, wherein it is stated that a complaint dtd. 7/9/2020 was lodged by one Ramesh Kumar, stating therein that he was married to accused Rita Devi resident of Malana, 8 years ago, and that he is taxi owner cum driver and used to visit Malana and during his visit he has noticed that his mother-in-law Swari Devi, brother-in-law Baghi Rath and wife Rita Devi, petitioners/accused, have cultivated cannabis in the land owned and possessed by them.

(2.) It has been further stated in status report that in furtherance to the aforesaid complaint Police Party went to the spot on 20/9/2020 and found that accused persons have removed/cut and uprooted the plants of cannabis, however, 12 uprooted plants of cannabis were found on the spot, which were taken into possession and on the basis of recovery of aforesaid 12 cannabis plants, case has been registered against the petitioners/accused persons. The plants were sent for chemical analysis, which have been confirmed to be cannabis plants by State Forensic Science Laboratory Junga.

(3.) It has been further stated that as per jamabandi of the land, there are 12 owners of the land in reference, however, all other owners except, accused persons, have given their affidavits that in family settlement, the land in reference has been allotted to accused persons.