Honble SHARMA, J.–This criminal appeal by accused appellant Bheru Lal has been preferred against the judgment and order dated March 16, 1999 passed by the learned Special Judge, NDPS Cases and Additional Sessions Judge, Ramganj-Mandi, District Kota by which he has convicted the accused appellant under Section 8/18 of the Narcotic Drugs and Pshychotropic Substances Act, 1985 (hereinafter to be referred as `the Act) and sentencing him to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,00,000/-, in default of payment of fine, to further undergo 2 & 1/2 years simple imprisonment.

(2). Succinctly stated the contextual facts of the case are that on March 18, 1998 at 4.00 PM, a Preventive Party under the leadership of PW.4 Suresh Kishnani, Assistant Commissioner, Narcotics, Kota reached village, Bholu for the purpose of getting preliminary weight of the opium produced by the cultivators for the crop year 1997-98. During process, accused Bheru Lal produced opium weighing 4 kg cultivated and harvested under the licence bearing No. 32 issued in the name of his wife Nandu Bai. The Assistant Commissioner, Narcotics informed Bheru Lal that the weight of opium is less as compared

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