Arvind Kumar Mishra-I, J.

Heard learned counsel for the applicant, as well as learned counsel for the Union of India and perused the material available on record.

2. Learned counsel for the applicant has submitted that the applicant is a cultivator of Opium and he has obtained licence from Narcotics Department. The allegation against the applicant is alleged to the year as long back as 2011-12. Learned counsel has further contended that the alleged weight of Opium which was submitted was more that was cultivated. To be specific, produce was around 12kg 500g whereas deposit Opium is 13kg 230g On examination only 62.20% of Opium was found to be pure whereas remaining Opium was adulterated.

3. Learned counsel has further contended that notice was sent to the applicant to get sample retested in the laboratory but on the date fixed, he could not turn up because of illness and in his absence, the order was passed by the competent authority. Against this order, an appeal was preferred. Copy whereof has been placed on record by way of filing rejoinder affidavit as Annexure RA-1. Although learned counsel could not mention exact number of the appeal so preferred.

4. The factum of appeal