STATE OF KARNATAKA Vs. MANJUNATHA

JUDGEMENT

(1.) The State is before this Court challenging the judgment and order of acquittal passed by Principal Sessions Judge (Special Judge), Tumakuru, in Special Case No.288/2015 dated 17.8.2017.

(2.) I have heard the learned High Court Government Pleader Sri.Thejesh P. and learned counsel for the respondent/accused Miss.M.Shashikala S. appearing on behalf of S.Balakrishnan.

(3.) The case of the prosecution in brief is that PW3 while he was working as Police Inspector on 13.7.2015 at about 10.00 a.m. he received a credible information that in Sy.No.9/2 and 11/1 at Maracharahalli village ganja plants have been grown illegally without there being any permit or licence. He registered a case in Crime No.250/2015 and after submitting the FIR to the Court he reported the matter to Superintendent of Police, Tumakuru and also to Deputy Superintendent of Police. The Deputy Superintendent of Police came to Koratagere police station and took the investigation, secured two panchas, along with them they went to the said land. Accused No.1 was present in the said land and on verification they found two ganja plants were grown in Sy.No.11/1 and it was uprooted and weighed and they were weighing 5 Kgs. and out of them 500 grams was taken as a sample and a mahazar was drawn. It is the further case of the prosecution that accused No.1 has led them to Sy.No.9/2 and there 10 ganja plants were found, out of them 4 ganja plants were dried and 6 ganja plants were wet and they were uprooted and from 4 dried ganja plants, 500 grams was taken as sample and from 6 wet ganja plants 500 grams was taken as sample independently. The dried ganja plants were totally weighing 2.75 kgs. and wet ganja plants were weighing about 3.2 kgs. and they were also seized by drawing a mahazar. A report was submitted and a case was investigated and filed the charge sheet. After submission of the charge sheet the learned Special Judge took the cognizance and secured the presence of the accused Nos.1 and 2 and after hearing the learned counsels appearing for the parties and the learned Public Prosecutor after following the procedure under Section 207 of Cr.P.C. the charge was prepared, read over, explained to the accused, accused pleaded not guilty, they claims to be tried and as such the trial was fixed.