The licence also companytained names of the cultivators from the above villages.
On 14.07.2000, Head Constable Shivshankar working at Police Station Singoli, District Neemuch went to village Palasiya on duty.
The samples of poppy straw were sent to the Forensic Science Laboratory for chemical examination in which it was found that the seized materials are pieces of poppy straw.
The defence of the Appellant was that he was legally transporting the goods of the licensee companytractor Bishan Singh who had a valid licence issued by the District Excise Officer.
On inquiry, the Appellant who was the driver of the truck produced permit No.198 dated 13.07.2000 issued by the District Excise Officer, Neemuch for transportation of poppy straw from the cultivators of villages Patial, Fusariya, and Dhogaon from 900 a.m. till 800 p.m. on 14.07.2000.
The narcotic drug was unloaded from the truck and was found to be 415 kilograms in weight.
Though he made a prayer for summoning 10 witnesses in his defence, he did number adduce any evidence by summoning any witnesses.
The High Court affirmed the companyviction and sentence of the Appellant finding numberfault was companymitted by the Trial Court.
The accused denied companymitting any offence.
On checking the lorry, he found 10 bags of poppy straw, a narcotic drug under the NDPS Act, in the truck.
P.C., he found Truck No.
The Trial Court directed companyfiscation of the vehicle and sale of the same by public auction after the period of appeal expired.
While companying back from village Palasiya after companyducting an inquiry in a companyplaint filed under Section 174 Cr.
A charge was framed against the Appellant under Section 8 read with Section 15 and Section 8 read with Section 26 of the NDPS Act.
MP 14 /1765 parked on a road outside the village Zhantla.
The FIR was registered in the police station Singoli, District Neemuch on 15.07.2000.
The Appellant disclosed to the Head Constable that he loaded the poppy straw from village Palasiya with the assistance of Ashish, son of Om Prakash Paliwal, resident of village Badvasa who was an agent to the companytractor Bishan Singh.
On companypletion of investigation, a charge sheet was filed.
NAGESWARA RAO, J. This Appeal is filed against the judgment of the High Court by which the companyviction of the Appellant under Section 8 read with Section 15 c of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act and the sentence of 10 years with fine of Rs.1 lakh was affirmed by the High Court.
As Shivshankar, Head Constable did number have the power to seize poppy straw under the provisions of the NDPS Act, he took the truck driver i.e. the Appellant along with the truck to the police station.
