Amendment status not verified — confirm the current text below against the official source.
Cultivation. The onus of accounting for possession of a ganja plant is not on the ac- cused. It is the prosecution that must prove that he cultivated it. ' Where there was spontaneous growth of hemp in a neglected garden open to the public and no attempt at secrecy was made. It was held the owner cannot be convicted under Section 61, 2(b) and his negligence in not recognising these plants and having, them weeded out of his garden did not make him guilty of the offence of cultivating them. Where the accused persons are prosecuted for unlawful cultivation of poppy, the accused had contravened Section 21 of the Opium Act of 1857, section 9 of that Act has nothing to do with the offence. In such a case the question is one of cultivation and not of possession of opium.