The State Of Madhya Pradesh vs Veshiya Bhuriya
2022 Latest Caselaw 12576 MP

                                                                            1
                                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                                     AT INDORE
                                                                          BEFORE
                                                       HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                                                 ON THE 20th OF SEPTEMBER, 2022

                                                         MISC. CRIMINAL CASE No. 14126 of 2022

                                                   BETWEEN:-
                                                   THE STATE OF MADHYA PRADESH STATION
                                                   HOUSE OFFICER THROUGH POLICE STATION
                                                   KALIDEVI (MADHYA PRADESH)

                                                                                                       .....PETITIONER
                                                   (MR. HEMANT SHARMA, P.L APPEARING ON BEHALF OF
                                                   ADVOCATE GENERAL.

                                                   AND
                                            1.     VESHIYA BHURIYA S/O PIDIYA @ KIDIYA, AGED
                                                   ABOUT 64 YEARS, GRAM MARGAUNDI P.S. KALI
                                                   DEVI (MADHYA PRADESH)

                                            2.     AKARM S/O PIDIYA UFF KIDIYA, AGED ABOUT
                                                   59 YEARS, GRAM MAGRARUDI POLICE THANA
                                                   KALI DEVI (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                                   (NONE)

                                                 This application coming on for ADMISSION this day, t h e court
                                            passed the following:
                                                                            ORDER

This petition has been filed under Section 378(4) of Cr.P.C. for grant o f leave to appeal against the judgment of acquittal dated 15.12.2021 passed by Special Judge, NDPS Act District Jhabua in Special S.T. No.02/2021 under Sections 8/20(a)(1) r/w Section 20(b)(ii) of NDPS Act.

Signature Not VerifiedDigitally signed by SAN AMIT KUMAR A s per the prosecution story, on 23.11.2016, on a discreet Date: 2022.09.21 16:24:08 IST

information, the police has the police team has seized 280 plants of ganja

and registered the case against the respondents.

Learned counsel for the State submits that the learned trial court without any appreciation much less proper appreciation, scrutiny and marshaling of oral and documentary evidence adduced on behalf of the parties, erred in acquitting the respondents/accused from the offences under the NDPS Act. It is further submitted that the learned Trial court has erred in disbelieving the statements of the witnesses and the Court below has acquitted the respondents even after ample evidence against them regarding the fact that they were cultivating the cannabis trees. Hence, the learned Court below has wrongly acquitted the respondent from the aforesaid

charges. Hence, prays for grant of leave to the appeal.

I have heard the counsel for the parties and perused the record. On perusal of the record, it is crystal clear that the prosecution has failed to establish the exclusive possession of the land on which the alleged cannabis plants were being produced . In the the testimony of PW- 12 Patwari Premsingh Baghel is found that respondents are not in exclusive possession of the land is question. Hence, the learned trial Court has not committed any error of law and facts in acquitting the respondents. Admission is declined. The MCRC stands dismissed.

(RAJENDRA KUMAR (VERMA)) JUDGE amit Signature Not Verified VerifiedDigitally Digitally signed by SAN AMIT KUMAR Date: 2022.09.21 16:24:08 IST