S.L. Kochar, J. - (1.)This appeal is directed by the State of M.P. after obtaining leave to prefer appeal against the judgment dated 23.3.94 passed by the learned Sessions Judge, Shajapur in Sessions Trial No. 262/92 thereby not finding the appellant guilty acquitted him from the offence under Sections 8/20 of the Narcotics Drugs and Psychotropic Substances Act (hereinafter referred to as the Narcotic Drugs And Psychotropic Substances Act, for short).
(2.)In short the prosecution story is that on 21.3.92, the Excise Inspector Shri Rai was on Patrolling Duty. He received information in village Dehri Dev about cultivation of cannabis by respondent Amarsingh in his field. The Excise Inspector satisfied himself about the information and thereafter, reached on the field along with force. The respondent was found working there. The Excise Inspector called the witnesses from village for proceedings of search and seizure. Inspector Shri Rai seized 5 cannabis plants and sealed the same. These plants were separately kept in sealed condition for, sending them to the Chemical Analyser. The remaining 30 plants were seized and sealed in the presence of witnesses separately. He prepared the Panchnama Ex. P8 and also effected the arrest of the respondent. Ex. P9 spot map was prepared. He also prepared search Panchnama Ex. P10 and thereafter returned back to the Police Station and registered the crime. After completion of investigation, charge-sheet was filed.
(3.)The respondent denied the charges and he did not examine any witness in defence. The learned Trial Court, after examination of the prosecution witnesses and hearing both the parties, acquitted the respondent. Hence, this appeal has been filed by the State after obtaining leave to file the same from this Court.