Alakh Ram vs State Of U.P

The Supreme Court held that under Section 8(b) and Section 20 of the NDPS Act, mere presence of Ganja plants on a property does not suffice to establish cultivation by the accused. The Court emphasized the necessity of proving that the accused actively cultivated the plants, rather than them sprouting naturally. The Court found that the prosecution failed to provide satisfactory evidence linking the appellant to the cultivation of the Ganja plants, leading to the conclusion that the conviction was erroneous and the appeal was allowed, overturning the lower court's decision.