- 1 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1299 OF 2019 (C-) BETWEEN: HOSAKOPPADA NARAYANAPPA S/O BEERANAIKA, AGE 69 YEARS, OCC: AGRICULTURIST, R/O RECHIKOPPA VILLAGE, SHIMOGA TALUK, SHIMOGA DISTRICT - 573 401 …APPELLANT (BY SRI. PRASAD B S.,ADVOCATE) AND: THE STATE OF KARNATAKA BY KUMSI POLICE STATION, SHIMOGGA RURAL CIRCLE AND ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE - 560 001. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP) THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 11.07.2019, AND SENTENCE DATED 12.07.2019, PASSED BY THE SPL.JUDGE, SHIVAMOGGA, IN SPL.(NDPS) CASE NO.19/2017, CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 8(b) R/W 20(a) OF NDPS ACT. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT The appellant has preferred this appeal against the judgment of conviction and order and sentence dated 11.07.2019 passed in SPL.(NDPS) Case No.19/2017 by the Special Judge, Shivamogga (for short "the trial Court"). 2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court. 3. Brief facts leading to this appeal are that, on 07.10.2015 at about 3.30 pm, when CW1-Dr.Rama Arasiddi, Police Officer, Dy.SP Office, Shivamogga, along with witnesses and his staff i.e. CW2 to 16 and CW24, conducted raid on land in Suduru S.F.Sy.No.201, which is under bagarhukum cultivation, the accused were found to have grown 75 Ganja plants in the ginger field, which weighed 235 kgs, worth Rs.2,35,000/- illegally, without obtaining any licence or permit from the competent authority, in order to have a wrongful gain and thereby committed an offence punishable under Section - 3 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 8(b) read with Section 20(a) of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). Thus, accused committed the alleged offence. 4. After filing the charge sheet, case was registered in Special Case No.19/2017. Accused was released on bail. 5. Upon hearing on charges, the trial Court framed charges for the offences punishable under Section 8(b) read with Section 20(a) of NDPS Act and the same were read over and explained to the accused. Having understood the charges, the accused pleaded not guilty and claimed to be tried. 6. To prove the guilt of the accused, prosecution, in all, examined 9 witnesses as PWs1 to 9 and 13 documents were marked as Exhibits P1 to P13 and one material object was marked as MO1. On closure of prosecution side evidence, statements of the accused under Section 313 of Code of Criminal Procedure was recorded. The accused has totally denied the evidence of prosecution witnesses. However, he has not chosen to lead any defence evidence on his behalf. - 4 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 7. Having heard the arguments on both sides, the trial Court convicted the accused for the offence punishable under Sections 8(b) read with Section 20(a) of NDPS Act and sentenced to undergo rigorous imprisonment for a period of four years and to pay fine of Rs.20,000/-. Being aggrieved by the judgment of conviction and order on sentence, the appellant has preferred this appeal. 8. Sri B.S. Prasad, learned Counsel for the appellant would submit that the impugned judgment passed by the trial Court is contrary to law, evidence and probabilities of the case. According to the case of the prosecution, as per seizure mahazar, the Investigating Officer has conducted mahazar in Rechikoppa village. As per Exhibit P5 issued by the Village Accountant-S.T.Kumaraswamy of Chamenahalli Circle, it is stated that the accused-H. Narayanappa S/o Beeranaika was unauthorizedly cultivating the land bearing Survey No.201 of Kumsi Village. Exhibit P6 is the RTC extract pertaining to Land bearing Survey No.201 of Kumsi Village. In Exhibit P7- complaint, it is stated that the accused H.Narayanappa has grown ganja plants in his ginger field, but the survey number of - 5 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 the land is not disclosed. Therefore, the prosecution has failed to prove that the accused being unauthorized cultivator of the land bearing Survey No.201 of Sudur State Forest, has grown ganja plants. 9. Further, he submits that the mahazar witnesses have not supported the case of the prosecution. The investigating officer has not complied with the provisions of Sections 42 and 50 of the NDPS Act. 10. PW4 has clearly stated that he has failed to identify the land in question where as the ganja is grown. The prosecution has not placed any materials before this Court to show that the accused is the owner of the land. 11. It is the case of the prosecution that the land in question belongs to Forest Department. But none of the Forest officials have been examined to show that the accused was in unauthorised cultivation of the land in dispute. On all these grounds, he sought for allowing this appeal. 12. As against this, Smt. N.Anitha Girish, learned High Court Government Pleader appearing for the respondent-State, - 6 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 would submit that the trial Court has properly appreciated the evidence on record in proper perspective and that there are no grounds to interfere with the impugned judgment of conviction and order on sentence passed by the trial Court and sought for dismissal of the appeal. 13. Having heard the arguments on both sides and on perusal of materials, the following points would arise for my consideration. 1. Whether the prosecution has proved beyond all reasonable doubt that the accused is the unauthorised cultivator of land bearing Survey No.201 of Rechikoppa Village? 2. Whether the trial Court is justified in convicting the accused for the alleged commission of offences? 3. What order? Regarding Point No.1: 14. I have examined the materials placed before this Court. It is the case of the prosecution that, the accused is in unauthorized cultivation of land bearing Survey No.201 of - 7 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 Rechikappa Village measuring 582.35 acres, which belongs to Forest Department. To prove this fact, the prosecution has produced Exhibit P1-seizure panchanama, Exhibit P5-the report submitted by the Village Accountant, Exhibit P6-RTC extract and Exhibit P7-complaint and also adduced the oral evidence. Exhibit P6 is the RTC Extract pertaining to Survey No. 201 of Kumsi Village measuring 582.35 acres, which belongs to Sudur State Forest and in column No.2, the name of H. Narayanappa S/o Beeranaika is shown and the extent of holding is 1 acre 2 guntas and he has grown paddy. But this land is not situated in Rechikoppa village. Exhibit P5 is the report submitted by the Village Accountant-S. T. Kumarswamy, who is examined as PW4. He has deposed in his evidence that H.Narayanappa S/o Beeranaika is cultivating land bearing Survey No. 201 and he has grown ginger and along with ginger crop, he has grown ganja plants. Further, he has stated that no land is granted in Survey No. 201 of Kumsi Village to H.Narayanappa S/o Beeranaika. The seizure Panchanama-Exhibit P1 reveals that the seizure measure is conducted in Rechikoppa village. When the police went to the spot, the accused fled the spot. The - 8 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 Investigating Officer has not placed any materials to show that Survey No.201 is situated in Rechikoppa Village. 15. The Investigating Officer has failed to collect necessary documents i.e., the Record of Rights and also failed to collect necessary materials to show that the accused was the unauthorised cultivator of land bearing Survey No.201 of Rechikoppa Village. However, the trial Court has convicted the accused which is not sustainable under law. Hence, I answer Point No.1 in negative. Regarding Point No.2: 16. When the prosecution has failed to prove that the accused has grown 75 ganja plants in a land bearing Survey No.201 of Rechikappa Village, the question of growing ganja plants by this accused does not arise. Exhibit P6-RTC Extract produced by the prosecution, reveals that Survey No.201 is in an extent of 582.35 acres and in that, the extent of 1 acre 20 guntas is being cultivated by H.Narayanappa S/o Beeranaika, wherein it is shown that he has grown paddy. The said land is a dry land and source of water to irrigate this land is not shown in this RTC extract. The Investigating Officer has not explained - 9 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 why he has produced this RTC Extract. Though this land is situated in Kumsi Village, the real owner of the property is Forest Department. The Investigating Officer has not examined the real owner of the disputed land. The Investigating Officer has not explained anything as to non-examination of the owner of this land. 17. Viewed from any angle, the prosecution has failed to prove the guilt of the accused beyond all reasonable doubt. The trial Court has failed to appreciate the evidence on record in accordance with law and facts and has convicted the accused which is not sustainable under law. Hence, I answer Point No.2 in the negative. Regarding Point No.3: 18. For the foregoing reasons and discussions, I proceed to pass the following: ORDER i) Appeal is allowed; ii) The judgment of conviction and order on sentence dated 11.07.2019 passed in Spl.(NDPS) - 10 - HC-KAR NC: 2026:KHC:4400 CRL.A No. 1299 of 2019 Case No.19/2017 by the Special Judge, Shivamogga, is set aside; iii) The accused is acquitted of the offence under Section 8(b) read with Section 20(a) of NDPS Act; iv) The fine amount, if any deposited by the accused, shall be returned to him in accordance with law. Registry is directed to send the copy of this judgment along with the Trial Court records to the concerned Court. Sd/- (G BASAVARAJA) JUDGE KBM, LNN List No.: 1 Sl No.: 45