V.SIVAGNANAM
Mallan – Appellant
Versus
State Rep. by Forest Range Officer, Hasanur – Respondent
JUDGMENT :
V. SIVAGNANAM, J.
1. This Criminal Appeal has been against the Judgment in Calender Case No. 151 of 2012 on the file of the Additional Sessions Judge/Special Court for Essential Commodities Act Cases, Coimbatore dated 26.07.2013.
2. The appellants along with three other accused, viz.Guruchithan, Ravi and Veeran are prosecuted by the Forest Range Officer, Asanur Forest in Crime No. 1 of 2012 for having cultivated the Ganja (Cannabis) plant at the Kethasal forest settlement area. They were charged under Section 45(a), (b) and 51 of the Tamil Nadu Forest Act 1882 and under Section 8(b) r/w 20(a)(i) of the NDPS Act 1985 (herein after referred to as “The Act”) before the Special Court for Essential Commodities Act cases, Coimbatore.
3. In the course of trial, the prosecution examined altogether 11 witnesses (PWs. 1 to 11) and filed 15 documents (Exs.P.1 to 15), besides marked 2 Material Objects (M.O's.1 and 2).
4. The learned Additional Sessions Judge, found the appellants 1 and 2 herein guilty under Section 8 (b) r/w 20 (a) (i) of the NDPS Act 1985 and sentenced them to undergo rigorous imprisonment for 3 years each and to pay a fine of Rs. 5,000/- each in default to pay the fine
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