JUDGMENT :

Per, Shree Chandrashekhar, J.

Chandwa PS Case No. 28 of 2009 was registered on 04.03.2009 against Lacchu Ganjhu and Parana Ganjhu on the allegation of illegal cultivation of poppy plants. After the investigation charge-sheet was submitted under sections 15 and 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S Act). In N.D.P.S Case No. 08 of 2009 a charge under sections 15, 18 and 21 of N.D.P.S Act was framed against Lacchu Ganjhu and under section 18 of N.D.P.S Act against Parana Ganjhu. During the trial the prosecution has examined eight witnesses out of whom PW3-Rakesh Thakur and PW5-Md Mahtab were tendered for cross-examination.

PW1-Rupesh Nayak who was the driver was declared hostile when he stated in the Court that he put his signature on the papers at the police station; that the bundle of poppy (posta) plants was tied with a cloth, and; that he cannot give description of the poppy plants. The learned District & Additional Sessions Judge-II, Latehar has held that the seizure witnesses have proved seizure of the illegal narcotic plants and the other witnesses such as PW2, PW4 and PW8 have also supported the prosecution case.