GAJODHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of the instant appeal the appellant Gajodhar has challenged the conviction order recorded on 13.5.1992 by the then learned Sessions Judge, Barabanki in Sessions Trial No. 413 of 1988, State v. Gajodhar, whereby the accused-appellant Gajodhar has been found guilty for the offence punishable under Section 19 of the Narcotic Drugs and Psychotropic Substances Act, 1985 which shall in brevity hereinafter referred to as the Act and has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1.00 Lac only.

(2.) According to the prosecution, the accused-appellant is licence holder for cultivation of poppy and to produce opium in village Itauhua Police Station Ram Sanehighat District Barabanki. He is alleged to have extracted 3.400 Kgs. Poppy from his field in the year 1986-1987 w.e.f. 19.3.1987 to 26.3.1987 but actually produced before the department 300 grams and thus he is alleged to have embezzled 3.100 Kgs. poppy. The trial of the accused ended in conviction as mentioned above.

(3.) 1 have heard Sri R.K. Dwivedi, Arnicas Curiae appointed by the order of the Court and Sri I.B. Singh learned counsel representing the Union of India.