SABIR Vs. STATE OF M. P.

JUDGEMENT

(1.) Since these two connected criminal appeals arise out of the same set of facts. I propose disposing them of by a common judgment.

(2.) Vide judgment and order dated 01.01.1998 the Special Judge (N.D.P.S.Act) Mandsaur convicted the appellants Sabir and Asiqu, under Section 8/18 read with Section 29 of N.D.P.S. Act and sentenced them to undergo 10 years' R.I. and to pay a fine of Rs. 1,00,000/- with default stipulation.

(3.) The prosecution story in short is that the accused Sabir and Hamid are son and father and they have given Patta by Narcotics Department for cultivation of poppy opium in the land measuring 0.30 hectare. on 09.03.1996, at about 10 hours, on the basis of secret information received by Assistant Commissioner, Narcotics, Neemuch regarding illicit poppy cultivation by Sabir S/o Hamid in Village Multanpura, District Mandsaur who is poppy cultivators has illegally cultivated opium in addition to the area licensed to him. On the basis of the aforesaid information a Preventive Party under the leadership of Rajesh Nagpal, Assistant Commissioner, Narcotics, reached village Multanpura and found that the accused Sabir who is cultivator of the opium poppy for the crop year 1995-96 has illegally cultivated opium poppy in addition to the area licensed to him and cultivated area as intimated to the department by the Ashique opium lumberdar of the Village. In measurement, it is found that father of Sabir has also cultivated poppy illegally. During the inspection, search team come to know that after lancing, the opium collected by the accused persons from the illegally cultivated poppy have been kept in their house and neither this excess area nor the opium collected out by this excess area have been entered into the records of the Village Lumberdar. It was also found that after collecting opium from the illegally cultivated poppy, the crop has been attributed and thrown in the Nala/Magra near their fields. Then Samples of 5 plants was seized. During the search, Narcotics Department also seized 11.400 kg opium from the possession of the accused in presence of the Gazetted Officer. Since the object behind concealing opium out from cultivated/produced was to make embezzlement and then to smuggle the same, therefore, the opium was seized under the provisions of Section 8/18 for contravention of the provisions of Section 8/19 of the Act. It was also found that Lumberdar Ashiq was also involved in the offence and he has not collected the opium from the appellant as it was cultivated by the accused. The statement of the accused persons under Section 67 of NDPS Act were recorded. The daily accounts of the opium was collected. On completion of necessary formalities including arrest of the appellant, FIR (Ex.P/32) was registered.