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HIGH COURT OF CHHATTISGARH
Sanjay K. Agrawal, Sanjay Kumar Jaiswal
Vishwanath Kujur, S/o Ghursai Kujur – Appellant
Versus
State of Chhattisgarh – Respondent
Judgment :
(Sanjay K. Agrawal, J.)
1. Assail in this criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘CrPC’) is to the judgment and order dated14.2.2019 passed by learned Special Judge (N.D.P.S. Act), Ambikapur in Special Criminal (NDPS) Case No.26/2017, by which the sole appellant herein has been convicted for offence under Section 20(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act’) and sentenced thereunder to suffer rigorous imprisonment for 12 years and to pay fine of Rs.1,20,000/- and in default of payment of fine amount to suffer additional rigorous imprisonment for 04 years.
2. Case of the prosecution, in brief, is that on 2.10.2017 around 4:45 p.m. at Village Suplanga, Ganjherpara under Police Station Kamleshwarpur, the appellant was found illegally possessing 465 cannabis plants which he had kept in the badi situated behind his house. As per the prosecution case, on 2.10.2017, PW-8 S.L. Gadhewal, Sub Inspector, Police Station Kamleshwar, received a secret information from an informer that the appellant had illegally cultivated cannabis plants in the badi situated behind his house and has har
The prosecution must prove beyond reasonable doubt that the accused cultivated prohibited plants, not merely that they were found on their property.
Prosecution must prove beyond reasonable doubt accused's active cultivation of cannabis on jointly owned land through evidence of possession and nurturing; mere presence or joint ownership insufficie....
To convict under the NDPS Act for cannabis cultivation, it must be proven that the accused intentionally cultivated the plants, supported by proper evidence and segregation of the plants.
Quashing – It is duty of High Court to intervene where continuation of criminal proceedings would amount to abuse of process of law, or where dispute is purely of a civil nature and criminal colour h....
Confessions to police officers are inadmissible; failure to follow mandatory procedures under the NDPS Act voids prosecution.
The main legal point established in the judgment is the requirement of 'conscious possession' and the significance of animus or intent in establishing possession of contraband under the NDPS Act.
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