STATE OF MAHARASHTRA Vs. PANDURANG MAHADEO PATIL

JUDGEMENT

(1.) Vexed by the respondent's acquittal by the learned sessions Judge, Kolhapur for the offence punishable under sections 20 and 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the N. D. P. S. Act") the State has appealed.

(2.) On 27-10-1993, Excise Inspector Suresh Jadhav received an information that the respondent was cultivating Ganjain his land at Pishavi. He informed his superiors, called panchas, gathered a raiding party, went to village Pishavi in a jeep and reached the land of respondent. Apart from 510 gms of Ganja found in a cloth bundle in a shed in the field, the raiding party also found 23 ganja plants. The entire property was seized under a panchnama. Excise inspector Jadhav lodged the First Information Report and in course of investigation sent the property to Forensic Science Laboratory which returned a finding that the articles sent were Ganja. On completion of investigation, a charge-sheet was sent to the Court of Sessions at Kolhapur.

(3.) The learned Sessions Judge framed charge of offences punishable under sections 20 and 22 of the N. D. P. S. Act, 1985. Accused pleaded not guilty and hence was put on trial.