VAISHNU DASS ALIAS BALDEV Vs. STATE

JUDGEMENT

(1.) SECTION 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herein after referred to as NDPS Act) prohibits of possession of opium poppy (including poppy straw powder) without a license. On 7th day of September, 1996, at about 8. 35 PM, Appellant Vaishnu Das @ Baldev and his co-accused were caught red handed near Angoori Bagh, Lal Quilla and from the appellant, one jute bag was recovered which was found to contain 21 KGs of poppy straw powder without a licence and he was tried by the trial court for commission of offence under section 18 of the NDPS Act and after the trial, appellant has been convicted vide impugned judgment dated 21st October, 1998 for committing the offence under section 18 of the NDPS Act and vide order of the same day, trial court has awarded the minimum sentence of RI for ten years and a fine of rupees one lac and in default of payment of fine, appellant has been ordered to undergo RI for two years.

(2.) THE factual matrix of this case as noticed by the trial court is as under:-

(3.) AFTER completion of investigation in this case, charge-sheet under Section 18 of the NDPS Act was filed before the trial court against the appellant and his co-accused and the appellant did not plead guilty and accordingly he was put to trial for commission of offence under Section 18 of the NDPS Act.