MANISH MISRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 15-9-1997 passed by the then VIth Addl. Sessions Judge, Agra in Special Case No. 123 of 1997. The appellant has been convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act, and sentenced to ten years rigorous imprisonment and to pay a fine of Rs. one lakh. In default of payment of fine simple imprisonment for three years has been ordered.

(2.) Sri Rashid Jalil, learned Amicus Curiae, and the learned A.G.A. for the State have been heard.

(3.) Record of the case shows that on 15-4-1997 at 10.40 p.m. near railway bridge in Mohalla Shahganj police station Shahganj District Agra 24.5 Grams heroin was recovered from possession of the appellant, for the possession of which he had no licence. On Chemical Examination the contraband seized was found to be heroin.