- (1.) Leave Granted. We Have Heard Counsel For The Parties.
(2.) By Order Dated 19-9-2005 We Had Issued Notice Confined To The Question Of Sentence. The Appellant Has Been Sentenced To The Maximum Term Of 3 Years' Ri Under Section 27(1)(E) Of The Kerala Forest Act. It Appears That The Appellant Was Proceeded Against For Cultivating Ganja In The Forest Area. It Also Appears That Some Plants And Seeds Were Seized Which Appeared To Be Ganja Plant And Seeds. However, It Is Not Disputed That The Said Plants Or Seeds Were Never Sent For Examination By An Expert And Therefore There Is No Evidence To Show That The Appellant Was Actually Cultivating Ganja In The Forest Area. We Also Find That The Appellant Was Not Prosecuted Under The Ndps Act.
(3.) Having Regard To The Fact That The Appellant Was Suspected Of Cultivating Ganja In The Forest Area, The Courts Below Have Passed The Maximum Sentence Of 3 Years.;