DEVISINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 11-2-99 passed in S. T. No. 106/96 by 6th Addl. Sessions Judge, Ujjain, convicting appellant Devisingh under Section 8/18 of the Narcotic Drugs and Psychotropic Substance Act (for short 'the Act') and sentencing him to ten years RI with fine Rs. 1,00,000/and in default of payment of fine to suffer additional R. I. for two years.

(2.) ACCORDING to the prosecution, on 16-3-96, Sub-Inspector S. R. Dandotiya of Police Station, Ghatiya accompanied by some other subordinate police officials was on search of an absconding accused when on way near Village Kherkheri, he noticed that some opium plants were grown in a field and that accused appellant Devisingh was present in the field. He, thus summoned two Panch witnesses Bhera (P. W. 1) and Motisingh (P. W. 2) and recovered the said opium plants, total 1037 in number, from inside the said field. Before recovery, the field with accused present therein, was got photographed. A few samples of the said plants were drawn and sealed separately. A FIR (vide Ex. P-11) was lodged and scribed by Sub-Inspector Dandotiya the same day at Police Station, Ghatiya. Sample plants were got analysed at FSL, Sagar, which revealed that they were poppy plants. After other due investigation, the accused was charge sheeted and committed for trial which ended into his conviction and sentence as aforesaid.

(3.) I have heard Shri Jaisingh, learned Sr. Counsel appearing with Shri Vivek Singh for the appellant and Shri M. Upadhyay, learned Public Prosecutor for respondent-State.