DNYANDEO S/O ATMARAM ASWAR Vs. STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER HIWARKHED, TQ TELHARA DIST AKOLA
HIGH COURT OF BOMBAY
Dnyandeo S/O Atmaram Aswar
State Of Maharashtra Through Police Station Officer Hiwarkhed, Tq Telhara Dist Akola
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Swapna Joshi, J. -
(1.) This Appeal has been directed against the judgment and order dated 12th March,2003 in Sessions Trial No. 8/2002 passed by the learned 1st Adhoc Additional Sessions Judge, Akola, thereby convicting the appellant for offence punishable under section 20(a)(b)(i) of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2000/, in default, to suffer RI for one month.
(2.) The prosecution case in nutshell, can be stated as under :
The appellant is an inhabitant of village Hiwarkhed. On 13.5.2002 PSI Kailash Phundkar (PW 2) who was working as Police Station Officer of Police Station, Hiwarkhed, received a written information from Police Head ConstableGanesh Pachpor, to the effect that the person by name Dnyandeo Aswar (appellant herein) cultivated ganja plantation in his field, situated at Mouza:Hiwarkhed. On receipt of the said information, PSI Fundkar (PW2) arranged for the raid. PW2Fundkar along with panchas and other police staff proceeded to the field of the appellant. They found the appellant in the field itself. The field was inspected in the presence of appellant and as many as 82 ganja plantations were found in the field of the appellant. Those plants were uprooted, cleaned and one or two leaves weighing 100 gms from each 82 plants were taken separately in a plastic bag for sample purposes and the said bag was seized and sealed in the presence of Panchas. PW2Fundkar lodged a written report and on the basis of it, he registered an offence punishable under sections 20(a)(b) and 22 of the NDPS Act. PW2 arrested the appellant. PW2 then forwarded the sample of leaves to the Chemical Analyser,Nagpur, for the purpose of analysis. PW2Fundkar then collected 7/12 extracts of the field of the appellant and gave information of the occurrence of the offence in writing to the SubDivisional Police Officer (SDPO), Akot. After completion of investigation, PW2 filed charge sheet in the competent court. The learned 1st Adhoc Additional Sessions Judge framed the charge under section 20(a)(b)(i) of the NDPS Act against the appellant. The appellant pleaded not guilty to the charge levelled against him and claimed to be tried.
(3.) In order to substantiate the charge, the prosecution examined in all eight witnesses. The defence of the appellant was of total denial. According to the appellant, his field was not inspected in his presence and he was falsely implicated in the case. It was also his case that he had given his field on lease basis to his brother, by name, Pandurang and thus, he was not in a possession of the said field and he had not cultivated the ganja plantation in his field.;
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