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2023 Supreme(Kar) 651

K. NATARAJAN
Basappa – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Vishwa Murthy, Advocate, A.N. Radha Krishna, Advocate

JUDGMENT/ORDER

1. This appeal filed by the appellants under Sec. 374(2) of Cr.P.C. for setting aside the judgment of conviction and sentence passed by the Principal District and Sessions Judge (Special Judge) Tumkur (referred as "trial Court" for short) in Spl.Case No.217/2010 dtd. 8/12/2011 for having found the accused guilty, convicted and sentenced them to undergo imprisonment for a period of 4 years and pay a fine of Rs.25, 000.00 each and in default of payment of fine, they shall undergo further imprisonment for a period of 6 months for the offense under Sec. 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short " NDPS Act ").

2. Heard the learned counsel for the appellants and learned High Court Government Pleader for respondent- State.

3. The rank of the parties before the trial Court is retrained for the sake of convenience.

4. The case of the prosecution before the trial Court is that P.W.7 one K.R.Chandrashekar received credible information on 4/10/2010 that in the lands of the accused at Kammanakote village where they stated to have grown ganja plants among other crops. In that regard, he secured panchas P.W.1, P.W.2 and Photographer P.W.3, went

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