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2012 (10) TMI 996 - SUPREME COURTPunishment for contravention in relation to poppy straw – Appeal against conviction – Appellant was convicted under Section 15 of NDPS Act and sentenced him to undergo rigorous imprisonment (RI) alongwith fine – High court also affirmed conviction order by rejecting appeal of appellant – Held that:- true that independent witness was not examined on side of prosecution – In order to substantiate its claim, prosecution examined PW-1, PW-2, PW-3 and PW-6 – It is better if prosecution examines at least one independent witness to corroborate its case but in absence of any animosity between accused and official witnesses, there is nothing wrong in relying on their testimonies and accepting documents placed for basing conviction – No animosity established on part of official witnesses by accused in defence and no infirmity in prosecution case – True that Section 15 of NDPS Act speaks about punishment for contravention in relation to poppy straw – As per sub-section (b) where contravention involves quantity lesser than commercial quantity but greater than small quantity, rigorous imprisonment may extend to 10 years and with fine which may extend to one lakh rupees – Even after taking two samples of 250 grams each, quantity measured comes to 69.50 kgs which is more than commercial quantity – Taking note of all materials, court in entire agreement with conclusion arrived at by trial Court and affirmed by High Court – Decided against Appellant.
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