DNYANDEO S/O ATMARAM ASWAR Vs. STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER HIWARKHED, TQ TELHARA DIST AKOLA

JUDGEMENT

(1.) This Appeal has been directed against the judgment and order dated 12th March,2003 in Sessions Trial No. 8/2002 passed by the learned 1st Adhoc Additional Sessions Judge, Akola, thereby convicting the appellant for offence punishable under section 20(a)(b)(i) of the Narcotic and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2000/, in default, to suffer RI for one month.

(2.) The prosecution case in nutshell, can be stated as under :

(3.) In order to substantiate the charge, the prosecution examined in all eight witnesses. The defence of the appellant was of total denial. According to the appellant, his field was not inspected in his presence and he was falsely implicated in the case. It was also his case that he had given his field on lease basis to his brother, by name, Pandurang and thus, he was not in a possession of the said field and he had not cultivated the ganja plantation in his field.