RAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment dated 2-8-1996 passed by learned Special Judge, N.D.P.S. Cases, Pratapgarh in Sessions Case No. 65/89. The appellant Raya has been convicted for offence under Section 9/18 of the Narcotic Drugs and Psychotropic Substances Act 1985 (in short the Act, 1985) and sentenced to undergo rigorous imprisonment of 10 years and a fine of Rs. one lac or in default further rigorous imprisonment for 21/2 years.

(2.) S.H.O., Dholapani Raman Lal received secret information at 1.15 p.m. on 26-3-1989 that Raya appellant has cultivated opium in his field. In pursuance of this information, he went to village Manpura and found the appellant Raya in his house. The appellant pointed out the opium plants. About 30 plants were uprooted and taken into possession. 10 opium poppy plants were separately taken out as sample and sealed on the spot in the presence of the motbirs. After obtaining the Forensic Science Laboratory report, challan was submitted against the appellant and the trial was held for the charge under Section 8/18 of the Act, 1985 resulting in the conviction and sentence indicated above. The appellant denied the accusation and stated that he has been implicated by the police in the false case. The field in question is not in his possession and Khatedari.

(3.) The prosecution examined 16 witnesses. The appellant got examined Naru as defence witness. The learned Special Judge after evaluating the evidence on record came to the conclusion that the field was in the exclusive possession of the appellant he cultivated the opium poppy and found the prosecution witnesses reliable in this regard.