ABHAYKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by judgment dated 03.01.2014 delivered in Special Sessions Trial No.05/09 by Special Judge NDPS Act, Indore, whereby the appellant has been convicted under section 8/15(c) and 26 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "The Act, 1985) and awarded 10 years and 2 years RI with fine of Rs.1,00,000/- and Rs.2000/- and in default further to undergo 1-1 month RI respectively, the appellant has preferred this appeal.

(2.) Succinctly stated relevant facts are that the appellant obtained PS-3 license no.4/2005-06 for the period starting from 18.05.2005 to 31.03.2006 for retail sale of the poppy straw. He was permitted to keep 5000 kg poppy straw at a time at his shop. On 18.07.2005 at about 05:10 in the evening Indrajeet Chouhan, Sub-Inspector Divisional Flying Squad, Excise, Indore inspected his shop No.53, Niranjanpur, AB Road, Dewas Naka, Indore in presence of authorized servant of the appellant Bharat and found 3345 kg grinded and 2656 kg un-grinded total 6001 kg poppy straw in stock, while last entry of the stock register was showing total 4437 kg stock. Thus, total 1564 kg poppy straw was found in excess than the permitted limit. This excess stock was got filled in 39 bags containing 40 kg each and seized. Remaining 4 kg loose poppy straw was seized.

(3.) The seized contraband was handed over to the In-charge Sub Inspector, Excise, Malwa Mill Circle, Samarjeet Singh Bains. Mr. Bains started preliminary inquiry. He took out samples from the seized articles and intimated superior officer for necessary action, who in turn placed the matter before the Collector. The Collector issued show cause notice and after receiving the reply, cancelled the license vide order dated 09.01.2006. He also directed the Excise Department to take action under section 15 of the Act, 1985. The appeal filed against the order of the Collector before the Commissioner was also dismissed. Vide letters no.2298 dated 20.06.07 and 865 dated 20.03.2009, the Assistant Commissioner, Excise directed the concerned officer to file complaint before the Court.