ONKARESHWAR BHATT,J. - (1.) APPELLANT , Alakh Ram, has preferred this appeal against his conviction and sentence under Section 20 of 'Narcotic Drugs and Psychotropic Substance Act, 1985' (hereinafter referred to as the Act). He has been sentenced to undergo three years' rigorous imprisonment which has been awarded by the then Ist Additional Sessions Judge, Jhansi in Special Case No. 1 of 1993 on 9 -2 -1994.
(2.) SRI L.K. Pathak, learned Counsel for the appellant, and Sri G.S. Bisaria, learned A.G.A., appearing for the State have been heard. According to the prosecution case P.W. 2 Ravindra Kumar Misra, Station Officer of Police Station Katera district Jhansi, alongwith six constables on 9 -6 -1992 was returning from patrol duty from village Padra. In village Kodaran he received information that the appellant has cultivated Ganja in his Aruee field. He collected P.W. 1 Swami Prasad and Kailash Narain and went the Aruee field of the appellant. The appellant was present at his field. On search 17 plants of Ganja weighing about 1.5 kg. were found in the Aruee field of the appellant. The appellant could not show any licence for its cultivation. After informing the appellant the reasons he arrested him at 9 a.m. A recovery memo was prepared and Ganja plants were sealed. On analysis the plants were found hemp (cannabis sativa linn).
(3.) THE defence of the appellant is that Janki, Kishori, Ramesh, Prakash, Jhuley and Hari Kisan wanted to illegally grab his land in village Katera. He had instituted a case before the Sub - Divisional Magistrate. He had also moved an application for stay on which order for maintaining status quo was passed by the Sub -Divisional Magistrate. He has further stated that he himself went to the police station alongwith stay order where he was arrested by the Station Officer in connivance with Janki and others. The appellant has denied that any Daroga or Constable came to the field.;