Virender Singh, J. - (1.)Both these appeals have arisen out of the common judgment dated 23.11.2012 delivered by Special Judge, NDPS Badwani in Special Sessions Trial No.02/2009, whereby the learned Trial Court has held the appellant guilty for the offence under Section 8(c) read with 20(2)(c) of Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as the Act, 1985) for having in their possession 21 Kgs Ganja (Cannabis) without any license and cultivating 7 quintal crop of cannabis on the land under their possession and sentence them for 10 years rigorous imprisonment with fine of Rs.1,00,000/- each and in default of payment of fine further to undergo two years rigorous imprisonment.
(2.)Facts of the case in short are that on 05.03.2009, the Station In-charge of Police Station Barla, B.L. Bhabhar (PW/2) received information that in village Matiyamal, the accused Thavriya having cannabis in his house and he is cultivating cannabis too on the land situated near Nullah opposite to his house. His servants Kamlesh and Anil are looking after his crop. Acting on this information, SHO completed the requisite pre raid formalities like entry of information in Roznamcha, preparation of necessary memos (Panchnama), constitution of raid party and took all necessary paraphernalia, called Panch witnesses and proceeded towards the place indicated in the information. They reached there after sunset at 19:15 hours, therefore, stayed near the Nullah and raided the place in the next morning. Sons of Thavariya, Biyan Singh and Adar Singh and his servants Kamlesh and Anil were found there but Thavariya managed to escape. They all revealed that the house and the crop belongs to Thavariya. The SHO Mr. Bhabhar (PW/2) informed the accused persons about their right regarding search by gazetted officer and after obtaining their consent, searched the house and farm. He recovered 21 Kgs cannabis from the house and found that crop of cannabis was standing on about one and Acres land and was at flowering and seeds stage. He got the photographs clicked, seized the cannabis and cannabis plants, took out samples, prepared necessary memos and recorded statements of the accused persons. Sons of Thavariya informed him that the house and land belongs to their father. After completing all requisite proceedings on the spot they came back at police station, scribed FIR, arrested the accused persons, sent intimation to the concerning authorities, deposited the seized cannabis and its crop and further investigated the case. During investigation they obtained revenue records and information from forest officials regarding title and possession of the house and land. After completing investigation, the police filed charge-sheet.
(3.)The Charge-sheet was filed against 5 accused persons out of which Lala @ Bhadi and Khuma were acquitted by the learned Trial Court while the appellants were convicted and sentenced as stated in para no.1 above.