DAULAT RAM & ANR. versus CBN MANDSAUR, M.P.

DAULAT RAM & ANR. versus CBN MANDSAUR, M.P.

Conviction justified as appellants failed to declare the recovered opium to Lambardar as required by Rule 13; evidence showed intention for unauthorized sale; recovery circumstances and confessions suffice for proving the offence under s.8 read with s.18.

Parties
Appellant: Daulat Ram; Appellant: Mangilal; Respondent: CBN Mandsaur, M.P.
Jurisdiction
India
Judgment Date
27 January 2011
Procedural Posture
Criminal Appeal / Final Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Opium Cultivation, Undeclared Opium, Declaration Obligations, Rule 13 Compliance
Criminal Law Narcotic Drugs Substance Control Opium Cultivation Undeclared Opium Declaration Obligations Rule 13 Compliance

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Parties

Daulat Ram

Appellant

Mangilal

Appellant

CBN Mandsaur, M.P.

Respondent

Procedural Posture

Criminal Appeal / Final Decision on Appeal From High Court

Legal Issues

  1. 1 Whether recovery of undeclared opium from licensed field amounts to offence under s.8 read with s.18 of Narcotic Drugs and Psychotropic Substances Act, 1985
  2. 2 Whether lack of declaration to Lambardar and intended unauthorized sale constitutes contravention
  3. 3 Effect of recovery location and absence of independent witness

Ratio Decidendi

Conviction justified as appellants failed to declare the recovered opium to Lambardar as required by Rule 13; evidence showed intention for unauthorized sale; recovery circumstances and confessions suffice for proving the offence under s.8 read with s.18.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; conviction and sentence upheld.