KILLU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant stands convicted under Section 8 read with 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced to undergo R.I. for 10 years and to pay a fine of Rs.1 lakh and in default, to suffer R.I. for 2 years. Corresponding judgment dated 12.12.1996 passed by Special Judge (under the Act), Chhatarpur, in Special Case No.36/96 is the subject matter of challenge in this appeal.

(2.) Prosecution story, in short, is that on 9/3/1996 at about 12.30 p.m., on being informed that appellant was involved in an illegal cultivation of opium poppy on the field located in front of his house in Village Jaitpur, G.D. Soni (PW4) posted as ASI at P.S. Kishangarh, inspected the spot, in presence of Sita Ram Tiwari (PW7) and Jhunnilal (PW6). As many as 24 plants of the contraband, about 1-21/2 hand high, were found grown in appellant's field, forming part of the land, bearing survey number 627/2. He prepared a Panchnama (Ex.P/13) and communicated the corresponding information to PrafullShrivastava (PW3), the S.H.O., by way of a letter. In turn, Prafull Shrivastava proceeded to the spot along with Constable Ompratap Khare and panch witnesses Kunji (PW1) and Ram Prasad (PW2). The plants were duly seized and forwarded to FSL, Sagar for chemical examination. Relevant report (Ex.P/9) indicated that the same were opium plants laden with poppy capsules.

(3.) The appellant abjured the guilt and pleaded false implication at the behest of Prafull Shrivastava (PW3) upon his refusal to pay money for releasing his son, who was illegally detained as one of the suspects in connection with theft in the house of Mohanlal Kachhi. In support of the defence, a covillager namely Navla (DW1) was called in evidence.