Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Narcotic Drugs and Psychotropic Substances Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ss. 8 and 20-17 ganja plants seized from agricultural field belonging to accused-Accused prosecuted on the charge that he planted ganja plants in his field-Conviction and 3 years imprisonment awarded by trial court-Affirmed by High Court-Held, in order to prove the guilt, it must be proved that accused had cultivated the prohibited plants-There is no evidence that there was cultivation of Ganja plants by accused-Having regard to the extent of the property and the number of plants recovered from that property, it cannot be said that the said plants had been the result of cultivation-They may have sprouted there by natural process and the accused or anybody who is the owner of the property must not have been diligent in destroying them-Accused not found guilty of offence u/s 20-His conviction and sentence set aside |
Judge | Hon'ble Mr. Justice B.N. Srikrishna Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2004 INSC 26 |
Petitioner | Alakh Ram |
Respondent | State Of U.p. |
SCR | [2004] 1 S.C.R. 394 |
Judgement Date | 2004-01-08 |
Case Number | 36 |
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