RAGHUBEER Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A. Sri A. K. Shukla.

(2.) The present appeal arises out of a judgment and order dated 31-1-1997 passed by Sri Nalin Mohan Lal IV Additional Sessions Judge, Budaun, in S.T. No. 28 of 1992 convicting the appellant under Section 19 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act' only) and sentencing him to undergo 10 years R.I. and a fine of Rs. 1,00,000.00 in default of payment of fine the appellant is further to undergo R.I. for two years.

(3.) Brief facts of the case are that according to the Register of Lambardar the appellant had extracted 2 Kgs. of opium within five days commencing from 24-3-1986 to 28-3-1986. On 4-4-1986 when the initial weightment in accordance with Rule 14 was made it was found to be 2 Kgs. When on 24-4-1986 it was weighed again at the Government Centre it was found to be only 550 gms. In this manner the appellant was charged for embezzlement of 1.405 Kgs. of opium and consequently charge under Section 19 of the Act was framed against him for embezzlement of the said quantity of opium and the trial resulted into his conviction, as aforesaid.