OM PRAKASH SHARMA Vs. STATE

JUDGEMENT

(1.) This appeal, preferred by the appellant under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as `Cr.P.C.'), is directed against the judgment and order dated 27.05.1997 passed by the Additional Sessions Judge, Dehradun in Special Sessions Trial No.13 of 1994, State v. Om Prakash Sharma and Special ST No.14/1994, State Vs. Ram Milan Gupta, whereby the learned Additional Sessions Judge has convicted the appellants/accused Om Prakash Sharma and Ram Milan Gupta under Section 8/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the Act') and sentenced each of them to undergo rigorous imprisonment for a period of 10 years along with fine of Rs.1,00,000/- each and in case of default in the payment of fine, further two years' imprisonment was awarded to each of the appellant/accused.

(2.) Appeal preferred by the appellant no.2-Ram Milan Gupta already stood abated vide this Court's order dated 20.6.2008 in view of the report dated 3.9.2007 submitted by the CJM, Gorakhpur that the appellant /accused Ram Milan Gupta died on 23.9.1999 in Bareilly Jail.

(3.) I have heard learned Counsel for the parties and perused the entire material available on record.