SUKH DAYAL GUPTA 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 Code of Criminal Procedure), is directed against the judgment and order dated 25/30.10.1991 passed by Sessions Judge, Haridwar in Special Criminal Case No. 14/1991, State v. Sukh Dayal, whereby the learned Sessions Judge convicted the Appellant/accused Under Section 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act) and awarded sentence to undergo rigorous imprisonment for a period of ten years with a fine of Rs. One Lac. It was also directed that in default of payment of fine, the Appellant/accused shall further undergo rigorous imprisonment for a period of two and a half years.

(2.) HEARD Sri Sanjeev Kumar Sah, learned amicus curiae for the Appellant as well as Sri M.A. Khan and Sri Prabhakar Joshi, learned brief holder for the State and perused the entire material available on record.

(3.) ON 9.5.1991, learned Sessions Judge, Haridwar framed the charge for the offence punishable under Section 8/20 of the Act against the Appellant/accused. The charge was read over and explained to the accused who pleaded not guilty and claimed to be tried.