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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 1085 OF 2022.

(Arising out of SLP(Crl.)No(s).3987 of 2022)

JANG BAHADUR APPELLANT(S)

VERSUS

STATE OF MADHYA PRADESH RESPONDENT(S)

O R D E R

Leave granted.

The appellant was tried and convicted under Section 8 read

with Section 20(b)(i) of the Narcotic Drugs and Psychotropic

Substances Act, 1985, by the Special Judge, Sagar in Special Case

No.87/1997 vide judgment dated 31.03.1998 and he was sentenced to

undergo R.I. for one year and fine of Rs.1,500/- (Rupees One

thousand five hundred only), with default stipulation.

What has been concurrently proved against the appellant is

that he had grown about 30 plants of cannabis (ganja) in the open

yard of his residential house. It was a small quantity. It appears

that the panch witness - Jahar Singh (PW6) had turned hostile. But

both the Courts have relied upon the testimony of police witnesses

to hold the appellant guilty.

We see no reason to take a different view as there is nothing

on record to suggest that the appellant was