- (1.) Appellant aggrieved of his conviction and sentence ten years' rigorous imprisonment and the fine of Rs.1,00,000/-for offence punishable under Section 15 of the NDPS Act, recorded per judgment dated 29.4.89 in Sessions Case No.40/87 has preferred this appeal. Heard learned counsel appearing for the appellant and learned Public Prosecutor.
(2.) Brief alleged facts leading to appellant's prosecution as per prosecution are that on February 10, 1987 at 4.10 P.M., Head Constable PW 5 of Police Station, Sangaria, making entry No.454 Ex.P10 in Rojnamcha, departed with four named constables for patrolling and as he in course of patrolling, received a information that a person, having crushed poppy straw, is on road near turn for Dhainba so he arrived at indicated place, and there observed a person standing near to a jute bag on asking the person disclosed his name to be Tek Chand and when bag opened and material examined, found was crushed poppy straw - Tek Chand appellant having no license was arrested and this material about 40 Kg seized and sample of 250 gm and the remaining substance separately sealed preparing memo Ex.P2 with affixing on it impression of the seal used. Then Head Constable PW 5 returning police station, produced all with memos to SHO PW 2 who registered FIR No.37/87 Ex.P3 for the offence of Section 8 read with Section 15 NDPS Act. In course of investigation, PW 2, visiting place of occurrence, prepared memo and site plan Exs.P4 and P5. Packets of sample and substance safely kept in Malkhana, making entry Ex.P1 in the register. The sample packet deposited in laboratory along with forwarding letter Ex.P6 and g receipt Ex.P8 obtained. Report of analysis is Ex.P7. Recording statements of witnesses and after usual investigation, charge-sheet submitted.
(3.) Appellant charged for the offence punishable under Section 15 of the Act that on 10.2.87 at about 7.05 P.M., on road Bhagatpur to Dhaba near turn of Dhaba in his possession and without license was about 40 kg. poppy straw claimed trial.;