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2019 (5) TMI 706 - SC - Indian LawsSmuggling - poppy straw - psychotropic substance or not - defence of the Appellant was that he was legally transporting the goods of the licensee contractor Bishan Singh who had a valid licence issued by the District Excise Officer. 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 - HELD THAT:- Section 8 of the NDPS Act prohibits cultivation of opium poppy and also prohibits, inter alia, production, manufacture, possession, sale, purchase, and transport of any narcotic drug or psychotropic substance - Section 26 deals with a wilful breach of a condition of the licence for which a penalty is not prescribed elsewhere in the NDPS Act and prescribes punishment with imprisonment for a term that may extend to three years or with fine or with both. There was a failure on the part of the prosecution to prove the offence alleged against the Appellant. It is clear from the record that the Appellant admitted the seizure of 10 bags of poppy straw from a truck which was stationed at village Palasiya. The only defence before the Courts below was that the transportation was legal as it was being done on the strength of a valid licence issued by a competent authority. The truck was standing on a road near village Palasiya which is 18 kilometers away from one of the villages which is mentioned in the license and from where the Appellant could have loaded and transported the poppy straw according to the licence - The conclusion of the Trial Court regarding the guilt of the Appellant under Section 8 read with Section 15 of the NDPS Act does not call for any interference. Whether the Appellant has been rightly convicted under Section 8 read with Section 15 of the NDPS Act? - HELD THAT:- As the contravention of license in relation to poppy straw has been dealt with in Section 15, Section 26 of the Act is not attracted and the Courts below are right in holding that the Appellant is liable to conviction under Section 8 read with Section 15 of the NDPS Act. Appeal dismissed - decided against appellant.
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