RAM JANAM VISHWAKARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction and order of sentence dated 02.06.2001 passed by Shri Udai Narain Singh, learned 3rd additional Sessions Judge, Palamau at Daltonganj in Narcotic Case No. 4 of 1993 by which judgment he found the appellant guilty under Section 20A of N.D.P.S Act and sentenced him to P.I. for four years and also to pay a fine of Rs. 10,000/- and in default to undergo R.I. for ere year.

(3.) It is submitted by learned Counsel fur the appellant that except the informant and co-police witnesses, there is no independent witness to prove that any plant of ganja was recovered from the premises of the a appellant nor there is any scientific report that said plant if at all, recovered from the house of the appellant was in fact ganja plants. In that view of the matter, the conviction is bad in law and fit to be set aside.