GULAM HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred by Ghulam Husain against the judgment and order dated 16th Sept., 1994, passed by IIlyd Additional Sessions Judge, Bijnor S.T. No. 45 of 1993 State Vs. Ghulam Husain , whereby he has been convicted and sentenced under Sec. 18 of the N.D.P.S Act to undergo rigorous imprisonment for a period of ten years and a fine of Rs. 1,00,000.00 (Rupee one lakh), in default of payment of fine to further undergo simple imprisonment for five years.

(2.) In brief, facts giving rise to the prosecution case are that on 27th March, 1993, P.W. 2 Brijendra Singh alongwith H.C. Banarsi Das, Constable Doji Singh, Constable Yash Pal Singh reached the village Ram Ji Wala from village Chhamli Bahedi during patrol duty. At village Ram Ji Wala an information through a Mukhbir was received that in village Ram Ji Wala, a person had sown opium crop in the midst of wheat crop of his filed. The police personnel proceeded towards the alleged field along with the Mukhbir and reached the spot. The Mukhbir indicated the actual field and the person, who was dissecting the buds of opium plants. The complainant S.I. Brijendra Singh tried to inform the Gazetted Officer but it could not be done because Police Station Barapur was at large distance from village Ramn Ji Wala. He also tried to collect independent witnesses but no one was ready to be a witness. The complainant alongwith entire force then reached the field and questioned the person, who was dissecting the buds. He tried to run away but at the distance of 50 or 60 paces he was apprehended at about 4 p.m. On being asked, the arrested person disclosed his name and addresses as Ghulam Husain S/o Khusi Mohammad R/o village Ramji Wala, Police Station Barapur District Bijnor. On search "Topaz blade" was recovered from the right hand of the accused and grown up opium crop within an area of 1 Bishwas was found there in the midst of wheat crop. The accused admitted the field as his own and further he has sown and planted these opium plants to which he could not show any licence. The accused was given option for uprooting the opium plants in the presence of some Gazetted Officer which he denied and expressed full faith on the raiding party. The complainant then alongwith the police personnel uprooted the entire opium crop weighing about 40 kg. Eleven green plants of opium comprising of five dissenting buds and six plants bearing intact buds were taken into possession and the remaining plants alongwith the buds were destroyed by burning on the spot. The recovered 'Topaz Blade' and green plants were sealed and recovery memo was prepared on the spot on which signatures of the witnesses were obtained, a copy of which was also given to the accused. The accused and the recovered articles were brought to the Police Station where the case was registered. The recovered buds and plants were sent to the Chemical Examiner, who reported the buds were that of opium plants. After investigation charge sheet Ext. Ka 5 was submitted.

(3.) A charge under Sec. 15 of the Narcotic Drugs And Psychotropic Substances Act was framed by the Sessions Judge on 30th July, 1993 which was amended on 18th April, 1994 from under Sec. 15 to the under Sec. 18 of Narcotic Drugs And Psychotropic Substances Act. The accused pleaded not guilty and claimed to be tried. In support of its case the prosecution examined Head Constable Banarasi Das as P.W. 1, S.I. Brijendra Singh as P.W. 2, S.I. K.N. Sisodiya Investigating Officcr as P.W. 3, Constable Lajvant Singh as P.W. 4.