- (1.)THIS appeal arises out of the judgment and order dated 29. 5. 2008 rendered by the learned Additional Sessions Judge, 3rd Fast Tract Court, Bhavnagar, Camp at Botad, in Special (N. D. P. S) Case No. 8/2006) convicting the appellant for the offences punishable under Sections 8 and 20 (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["n. D. P. S. Act" for short] and sentencing him to undergo R. I for ten years with fine of Rs. 50,000/-, in default, S. I. for one year.
(2.)THE facts of the case, in brief, are that on the basis of the information that the appellant-accused planted Ganja in the field of his ownership situated on the way of Bhimdad-Meghvadiya village of Gadhada Taluka, District : Bhavnagar, on 24. 3. 2006 at 11. 15 P. M. , P. S. I. Mr. C. N. Huda of Gadhada Police Station with other police officials visited the said agricultural field and seized two Ganja plants, weighing 4. 450 Kgs, worth Rs. 26,700/-, allegedly planted by the appellant, without any pass or permit, after drawing a panchnama in presence of panch-witnesses. The samples were also drawn thereunder and sent to F. S. L for analysis. The samples were analysised and F. S. L. Report indicated that the material seized was ganja plants. On the basis of that report, charge sheet was filed against the appellant-accused and Special (N. D. P. S.) Case No. 8/2006 came to be registered before the Sessions Court, Botad.
(3.)CHARGE was framed against both the appellants-accused at Exh. 4 for the offences punishable under Sections 8 and 20 (B) of the N. D. P. S. Act. The appellant-accused pleaded not guilty to the charge and claimed to be tried.
3. 1 After considering the evidence led before it, the trial Court came to the conclusion that the prosecution was successful in establishing the charge levelled against the appellant for the offences punishable under Sections 8 and 20 (B) of the N. D. P. S. Act and recorded conviction and imposed sentence, as stated hereinabove.