Supreme Court · 2004 INSC 26 · Decided 8 January 2004
Alakh Ram v. State of U.P.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 26 · [2004] 1 S.C.R. 394
- Case number
- CRIMINAL APPEAL No. 36/2004
- Decided
- 8 January 2004
- Bench
- K.G. BALAKRISHNAN, B.N. SRIKRISHNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 313; NDPS Act Section 20, 8(b)
Headnote
Narcotic Drugs and Psychotropic Substances Act, /985: C ss. 8 and 20-·f 7 ganja plants seized Ji-om 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 Afjirmed by is no evidence that there was cultivation of Ganja plants by accused-Having regard to the extent D 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
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