OM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal by accused om prakash son of Sri Sumer is directed against the judgment and order dtd. 16/9/1997 passed by Sri A. U. Khan, the then Additional sessions Judge, Ghazipur in S. T. No. 11 of 1996 whereby he convicted the accused under Sec. 21 of the Narcotic drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine o f Rs. one lac. He was also directed to suffer rigorous imprisonment for a period of three years in case fine was not deposited by him.

(2.) BRIEFLY stated in facts of the case giving rise to this appeal, are as under : there is an Opium and Alkaloid factory of Government of India at Ghazipur. The appellant was employed as an unskilled labourer in the aforesaid factory in the year 1995.

(3.) ON 25/11/1995, he was attending his night duty in the factory.