RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Special Sessions Judge, Sehore in Special Case No.106/95, decided on 02.04.96.

(2.) Appellant has been convicted under Section 18 read with Section 8(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ' NDPS Act') for unlawfully cultivating opium plants and sentenced to rigorous imprisonment for ten years with fine of Rs.1 Lac, in default further rigorous imprisonment for two years, by the impugned judgment.

(3.) According to prosecution, on 09.04.95 Sub-Inspector Chandramani Dwivedi, Station House Officer of P.S. Bilkisganj received a secret information that in village Kulas-Khurd appellant Ramesh Chandra had unlawfully cultivated opium poppy in his field known as 'Chamarwali Thon'. After recording the information in the Rojnamcha, Sub-Inspector Chandramani Dwivedi alongwith Police force left for village Kulas-Khurd, reached the field of the appellant known as Chamarwali Thon alongwith public witnesses and a photographer and found that appellant had cultivated opium poppy plants in his field amidst the crop of soyabean and sugarcane without any permit or licence. The aforesaid opium plants were uprooted, counted and they were in all 135 in number. The uprooted plants of opium poppy were seized from the appellant in presence of the witnesses and were duly sealed on the spot. Appellant was arrested and taken to the Police Station Bilkisganj alongwith seized plants, where an offence was registered against him under Section 8/18 of the NDPS Act and was investigated. The seized plants were sent for chemical analysis. After analysis, each of the 135 plants answered to the test for opium alkaloid and meconic acid and were found to be opium poppy within the meaning of Section 2(xvii) of the NDPS Act. After due investigation, appellant was prosecuted under Section 8/18 of the NDPS Act and was put to trial.