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2000 Supreme(MP) 1136

S.P.SRIVASTAVA, MAITHLI SHARAN
Prashant Agrawal – Appellant
Versus
Professional Examination Board – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:R.D. Jain, Sr. Advocate and S.K. Jain
For Respondents/Defendant:R.A. Roman for Respondent No. 1 and K.B. Chaturvedi, Government Advocate for Respondent No. 2

JUDGMENT

S.P. Srivastava, J.

1. Heard the learned counsel for the appellant as well as the learned Deputy Government Advocate representing the respondent-State.

2. Perused the record.

3. The appellant feels aggrieved by his conviction under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the sentence of one year's rigorous imprisonment besides imposition of a fine of Rs. 2,000/- in default whereof he has to undergo six month's further rigorous imprisonment, has approached, this Court seeking redress praying for the reversal of the impugned order and his acquittal.

4. The facts in brief shorn of details and necessary for disposal of this appeal lie in a narrow compass. The facts found and established on record indicate that the appellant was residing in a Tapra along with his family which Tapra was situate in an agricultural holding, Survey Plot No. 17/2 having an area of 0.105 hectare. On 1-4-1992 at about 15.30 hours in the aforesaid agricultural holding situate in village Rangayee, on the Vidisha- Bhopal road at a distance of about 25 feet from the Tapra of the appellant 16 cannabis plants of the height ranging 1 1/2 to 2 feet were found grown by the appel















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