- (1.)THE appellant convicted under section 20 (b) of the N. D. P. S. Act and sentenced to R. I. for nine months and to pay a fine of Rs. 2000/- in default R. I. for three months and also convicted under section 66 (1) (b) of the Bombay Prohibition Act without awarding sentence thereunder in Sessions Case No. 247 of 1992 has preferred this appeal impugning the order of conviction and sentence recorded against him by the Sessions Judge, Solapur on 24-11-93.
(2.)PROSECUTION case briefly stated is as follows : p. S. I. Bhange, attached to Kurduwadi Police Station in Solapur received information on 25-7-92 that the appellant-accused was possessing and cultivating illicit ganja plants in his land situated at village Laul. He, therefore, called two panchas and P. W. 2 Shri Vairagkar who was serving as Assistant Engineer in the office of P. W. D. and as such holding Gazetted post and told them about the information which he had received. P. S. I. Bhange made entry in the station diary in respect thereof which is produced at Exhibit 17. He took the said Gazetted Officer, two panchas, the police and the instruments of weighing and went to village Laul in the police jeep. The raiding party went to the vasti in the land of the appellant. The appellant was present in his land. He was told about the information and that the police party wanted to have search of his field. The raiding party had offered the appellant to give their own search which the appellant declined. Near the electric poll surrounded by the wire fencing in that land, the raiding party noticed 13 illicit ganja plants of the approximate height of 3 ft. to 6 ft. The ganja plants were removed from the land and a branch from each of those 13 plants was taken for the purpose of sample. All the plants weighed 9 kg. and 500 gms. The weight of the sample branches was 110 gms. The sample was sealed with the paper seal bearing the signatures of the panchas and panchanama of seizure Exhibit 9 was drawn which was signed by P. S. I. Bhange, the panchas and the Gazetted Officer Vairagkar P. W. 2. Thereafter the raiding party returned to the police station along with the appellant. P. W. 1 Head Constable Naikwade a member of the raiding party lodged his complaint Exhibit 7 and the offence came to be registered under Crime No. 65 of 1992. P. S. I. then sent report about the said raid to Superintendent of Police, Solapur a copy whereof is at Exhibit 18. P. S. I. took over the investigation, recorded the statements of the witnesses and sealed sample of the attached ganja plants was sent to C. A. Pune on 3-8-92. The C. A. report dated 29-8-92 is at Exhibit 19, according to which ganja was detected on the sample. After completing the investigation charge-sheet was filed.
(3.)CHARGE was framed by the Sessions Court against the appellant under section 20 (b) of the N. D. P. S. Act and under section 66 (1) (b) of the Bombay Prohibition Act. The appellant-accused pleaded not guilty. At the trial, the defence of the appellant was of total denial. He denied that he was on the land that day. According to him he was taken to the police station from the village by the police.