-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 1595 OF 2008 APPLICATION NO. 1595 OF 2008 APPLICATION NO. 1595 OF 2008 The State of Maharashtra. ... Applicant. V/s. Anna Nemanna Wani. ... Respondent. Mrs. A.A. Mane for the State. Mr. Anand Patil for the Respondent. CORAM CORAM CORAM : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. : K.U. CHANDIWAL,J. DATE DATE DATE : 01ST AUGUST, 2008. : 01ST AUGUST, 2008. : 01ST AUGUST, 2008. P.C. P.C. P.C. : : : . Heard both Counsel. 2. On information Police party had arranged a raid in the agricultural field of the Accused/Respondent and it is alleged that in the field of the Accused/Respondent a ganja plant with a height of 6 feet 3 inches was found in 5th lane of the sugar-cane crop. An elementary test having carried by lifting the leaves, the officers rubbed that leave on the palm and smell was taken for confirmation and it was confirmed that it was ganja crop. Photographs were also taken. After uprooting tree, the measurement of the ditch created was also taken. The weight of entire tree with the uprooted tree was noticed to 4 kg. 300 grams and the officers carried its valuation as Rs.4,300/-. Samples of leaves with stem weighting 300 grams were taken which was properly -:2:- packed in the plastic bag and panchanama (Exhibit 13) was prepared. The brother of the Respondent accepted that the field where the crop was allegedly found belong to the accused/Respondent. 3. Inspite of all these facts, the basic ingredient which is required to be established by the prosecution that the single crop of ganja which was allegedly found in the field of Respondent was indeed cultivated by him. The observations of Hon’ble Supreme Court in the matter of Alakh Ram V/s. State Alakh Ram V/s. State Alakh Ram V/s. State of of of Uttar Pradesh reported in 2004 Cri. L.J. 905 Uttar Pradesh reported in 2004 Cri. L.J. 905 Uttar Pradesh reported in 2004 Cri. L.J. 905 are of importance. In this context it is observed "In order to prove the guilt, it must be proved that the accused had cultivated this prohibited plant. There must be supporting evidence to prove that the accused cultivated the plant and it is not enough that few plants were found in the property of the accused. It is quite reasonable to assume that sometimes the plants may sprout up, if seeds happened to be embedded in earth due to natural process. If plants are sprouted by natural growth, it cannot be said that it amounts to cultivation." 4. The learned additional Sessions Judge noticed that the aspect of cultivation is not established by the prosecution. The field is open and could not be said that it was under the authorship of accused -:3:- alone. In the matter of Alakh Ram referred above, there were 17 plants seized. However, in the instant case, there is only one plant as recorded earlier, the learned Additional Sessions Judge also referred two discrepancies in the panchanama about timings of commencement and conclusion. However, I do not see any reason to attach much significance to such inconsistencies. 5. The C.A. report (Exhibit 17) was by following statutory requirements of proof, however the silence as to the test carried and conducted to opine that the substance was ganja, the Learned Judge taking all the aspects into consideration, acquitted the accused for the offence levelled against him. 6. In the result, leave to appeal refused. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.)