Conviction for drug-related offences requires proof of knowledge and intent; mere ownership of property does not suffice for liability without substantial evidence.

JUDGMENT :

G. BASAVARAJA, J.

1. The appellant has preferred this appeal against the judgment of conviction and order on sentence dated 05.02.2014 passed in Spl.C.No.43/2006 by the Principal Sessions Judge, Tumkur (for short hereinafter referred as the "trial Court").

2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.

3. Brief facts leading to this appeal are that the Sub- Inspector of Police, Pavagada Police Station filed the charge-sheet against the accused for the offence under Sections 8 (b), 8(c), 20 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985.

4. It is alleged by the prosecution that on 24.01.2006 in the morning, at about 05.00 am, Sri Balegowda, the Assistant Sub-Inspector of the complainant police station, called PW25 (CW1) K.S.Mohan and Dy.S.P., informing him that the appellant-Sri.Nanjappa @ Meese Nanjappa of Alkere, Huthridurga Hobli, has grown ganja in a huge quantity on his land. Immediately, PW25 summoned C.P.I. of Kunigal Circle, Balaramegowda, the informant- Sri.Balarama Gowda, and the staff. All of them proceeded to conduct a raid on the appellant's land situated in Huliyurdurga village. They have also secured CW2 to CW5 as panchas to be present at the time of raid. In the said land they noticed an Omni van parked and about 8 - 9 persons working. When PW25 along with others tried to catch them, only 3 were apprehended and the remaining people managed to escape. At the enquiry, he came to know that others were Shijju, Jeorge, Shobee, Bijju and few others. On enquiry, PW25 came to know that split up 4^th accused- Balakrishna, contacted accused No.12-Alkere Nanjappa and informed him about growing ganja on his land. The other accused were also getting acquainted with Accused No.12-Nanjappa, and paid huge amount of advance for growing ganja on his land. The raiding team physically searched Naresh and found a knife in his possession. In the van parked in that area, about 5 kgs of ganja in a plastic bag was found, the same was seized, out of which about 250 grams was kept separately as sample for examination. They noticed a shed in the premises where some utensils were found. One more temporary shed was also found in that place, wherein six bags were found, out of which about 250 grams from each bag were kept separately for chemical examination.

5. The raiding team also noticed that in a garden, land measuring about 5 acres, ganja plants were grown systematically. Water supply facility was also made available for growing ganja crop. The ganja plants had grown at an average height of about 2 to 5 feet. All those plants were uprooted. They were weighing about six tons. PW.25 prepared a report and gave it to Police Officer, Balegowda, who registered a crime under Narcotic Drugs and Psychotropic Substances Act, 1985.

6. On 25.01.2006, accused 1 to 3, 6 to 10 were produced before the Court and remanded to judicial custody. On 10.04.2006, accused 13 and 14 were produced before the Court and remanded to judicial custody.

7. After completion of investigation, the Investigating Officer submitted the charge-sheet against the accused for the commission of alleged offence. Thereafter, a case was registered in Spl.C. No.43/2006.

8. Upon hearing on charges, the trial Court has framed charges against the accused for the offences punishable under Sections 8 (b), 8(c), 20 and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985, and the same was read over and explained to the accused. Having understood the same, Accused 1 to 3 and 6 to 14 have pleaded not guilty and claimed to be tried.

9. To prove the guilt of the accused, the prosecution, in all, examined 28 witnesses as PWs.1 to 28 an