JAGDISH Vs. CENTRAL BUREAU OF NARCOTICS

JUDGEMENT

(1.) THE appellant was the accused in Sessions Case No. 100/1997 on the file of learned Special Judge (NDPS Cases) Jhalawar. He was found guilty under Sections 8/18 of the Narcotic Drugs and Psychotropic Substances Act 1985 (for short the Act) convicted thereafter and sentenced to 10 years rigorous imprisonment and a fine of Rs. 1,00,000/ - in default of payment of fine to further undergo one year R.I. Aggrieved by the conviction and sentence the action for filing of the instant appeal has been resorted to.

(2.) BACKGROUND facts as portrayed by the prosecution are that on February 3, 1996 the appellant was found cultivating the opium without obtaining the licence. As many as 932 poppy plants were seized and sealed. Two samples each contained 20 plants for chemical analysis were drawn and sealed in polythene packet. On completion of investigation challan was filed. The appellant was charged under Sections 8/ 18 of the Act to which he pleaded not guilty. On evaluation of evidence the learned trial court convicted and sentenced the appellant as indicated herein above.

(3.) I find following infirmities in the prosecution case: