The learned Judicial Magistrate was under obligation to consider
(i)
the following issues :
Whether the notification issued by the State Government was
applicable to the area where the alleged contraband was found;
(ii)
Whether the Mhowa flowers prima facie appear to be the crop of the
area where it was found or it was prima facie imported from other States like
(iii)
Madhya Pradesh, Chhatisgarh;
Whether the petitioner has prima facie established that he had
capacity to grow so much quantity of Mhowa flowers in his field where he
claims to have 50 trees of Mhowa,
Whether the petitioner has documents to establish prima facie that part
(iv)
of the Mhowa flowers were purchased by him from the local market.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
CRIMINAL WRIT PETITION NO. 534 /2012
Manohar Gopal Kanoje Vs The State of Maharashtra
CORAM: M.L.TAHALIYANI, J.
DATED : 23rd November, 2012
Citation;2013 ALL M R (CRI)1375
