JUDGMENT

ADARSH KUMAR GOEL, J

1. These appeals have been preferred by the appellant against his conviction 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. of poppy straw to the co-accused-A-2, who did not have valid licence as per the Maharashtra NDPS Rules, 1985.

2. 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. Co-accused-Karim Patel was to purchase 30 kgs. of poppy straw. A raid was organized and Karim Patel was apprehended with 30 Kgs. of poppy straw. The raid was conducted by PW1-Bhaskar Shetty, Inspector of Customs, along with others including PW5-Canute Menezes. The said accused stated that he had purchased the poppy straw without any bill on cash payment