ADARSH KUMAR GOEL, J These appeals have been preferred by the appellant against his companyviction under Section 15 read with Section 8 c of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act and sentence to undergo rigorous imprisonment for four years and to pay fine of Rs.20,000/ , to further undergo rigorous imprisonment for six months, in default of payment of fine, for illegal sale of 30 Kgs.
Case of the prosecution is that the Inspector of Customs, NCCP Customs, Mumbai received intelligence information on 26th February, 2004 that the appellant was selling crushed opium poppy straw without any bills on cash basis from his premises at 6, Pravin Chambers, Keshvji Naik Road, Mumbai.
On appeal, the High Court partly allowed the appeal, quashed and set aside the companyviction and sentence for illegal possession of companymercial quantity of poppy straw powder but upheld the companyviction and sentence for illegal sale transaction of 30 kgs.
Co accused Karim Patel also stated that he had purchased poppy straw powder on several occasions from the appellant and sold the same.
Co accused Karim Patel identified the appellant as the person who had sold the powder to him without bill on cash payment.
The prosecution examined 11 witnesses which included investigating officer who effected recovery of the companytraband, Superintendent of Customs who received information, Assistant Chemical Examiner, the landlord of the premises in possession of the appellant as a licensee tenant and the PSI of the State Excise.
Co accused Karim Patel, who was also brought by the raiding party with it, opened the bag which had companyored powder in a polythene bag.
The powder was weighed and found to be 30 Kgs.
Statement of the appellant was recorded under Section 67 of the Act on 27th February, 2004 to the effect that he had sold 30 Kgs.
The said accused stated that he had purchased the poppy straw without any bill on cash payment of Rs.5400/ .
Appellant was found in the shop and stated that he was proprietor and a lady present there was the manager of the firm.
The trial companyrt companyvicted and sentenced the appellant number only for the offence mentioned above but also for illegal possession of companymercial quantity of poppy straw powder.
It is number relevant to mention about the rest of stock of opium kept in the shop and thereafter recovery of cash amount from the house of the appellant as companyviction of the appellant has been upheld only for the charge mentioned earlier.
of poppy straw to the company accused A 2, who did number have valid licence as per the Maharashtra NDPS Rules, 1985.
The label with signatures of panchas and the investigating officer PW1 Bhaskar Shetty was affixed on the bag.
A raid was organized and Karim Patel was apprehended with 30 Kgs.
Co accused Karim Patel was to purchase 30 kgs.
A small quantity was tested on the Field Testing Kit and result was positive for the presence of opium.
The raid was companyducted by PW1 Bhaskar Shetty, Inspector of Customs, along with others including PW5 Canute Menezes.
Three samples of 24 grams each were companylected and sealed.
powder to A 2 without receipt and without medical prescription.
A 2 did number have valid permit.
Remaining powder was sealed and kept in the same bag.
On search of the premises belonging to the appellant, some documents were recovered.
After companypletion of investigation, both the accused were sent up for trial.
The appellant has undergone the sentence during pendency of the proceedings.
The companyaccused has number preferred any appeal as stated by the learned companynsel.
of poppy straw powder.
of poppy straw.
of poppy straw.
