‘Accused must have conscious knowledge’: Karnataka HC rules vacant land owners aren’t liable for naturally growing ganja

The bench, in its order, noted that the neighbours of the site in question stated they were not aware who had grown the ganja plants. It also said that the ganja plants would have grown naturally. Further, the prosecution has not collected any material to show that the petitioner, who is the owner of the site where the ganja plants were found, had grown them, it said.

The court in the order said, “Perusal of the material on record would go to show that the petitioner is residing in a house adjacent to the site in question, and the site on which the petitioner has constructed her house is surrounded by a compound wall. Insofar as the site in question is concerned, the same is a vacant site without there being any compound wall.”

“The accused should have an intention to raise the ganja plant and the accused must have conscious knowledge of what is happening in the premises. In the case of hand, such material is absent.”

Allowing the petition, the court held, “The petitioner, who is a lady, cannot be asked to stand trial for the charge sheeted offences. The trial court has failed to appreciate the aforesaid aspects of the matter and has erred in rejecting the application of the petitioner.”