ASHIQ BEG Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arose from an order and judgment passed by Spl./Addl. Sessions Judge, Shahjahanpur in S.T. No. 194 of 1988. By this judgment the appellant was convicted under S. 19 of the Opium Act and was sentenced to pay a fine of Rs. 6800/-. In default of payment of fine, he was directed to serve out a sentence of one year R.1.

(2.) Brief facts of this case are that Ashiq Beg son of Wajid Beg was granted a licence for 15 acres of land for cultivation in village Baibaha, P. S. Katra, district Shahjahanpur. He cultivated opium, according to the prosecution, over 13 acres of land (.13 hectare). According to S. 19 of the Opium Act as well as N.D.P.S. Act, 1985 he was required to deposit entire produce of opium with the Government through district Opium Officer. He failed to do so and thereby was prosecuted under S. 19 of N.D.P.S. Act. The licence was granted to the appellant at a time when the N.D.P.S. Act was not in force. His licence was under the Opium Act. Since there was an inconsistency in sentencing part of the two acts, therefore, the learned Sessions Judge held that provision of S.19 of N.D.P.S. Act will not apply to the facts of the present case against the appellant. In these circumstances the appellant was convicted under S. 19 of Opium Act.

(3.) There is no dispute with regard to the grant of licence to the appellant. It is amply proved from the evidence on record especially from the evidence of P.W. 1, R. P. Gupta, the complainant, P.W. 2 D. D.Kuril, District Opium Officer and P.W. 3 Mahmood Beg, Lumbardar of the village.