LIYAKAT GOOJAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal by accused Liyakat Goojar from jail has been filed against the judgment and order dated 1.4.2004 passed by Additional Sessions Judge, Barabanki whereby he convicted the accused under Sec. 8 read with Sec. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced him to suffer rigorous imprisonment for a period of ten years and to pay a fine of rupees one lac. In default in payment of fine, he was ordered to undergo rigorous imprisonment for a further period of two years.

(2.) In brief, the facts of the case, which led to the trial of the appellant, are as under.

(3.) On 12.10.1994, S.I. Qazi Ahmad Ibrahim, the then S.O. Police Station Jaidpur, District Barabanki accompanied by police personnel was returning to the police station on Government vehicle. At about 3.40 A.M., the police party arrived at Takiya Crossing and saw someone concealing near the well. On suspicion, the S.O. questioned him. Thereafter, he started running. He was overpowered by the police party and on interrogation disclosed his name as Liyakat Goojar. He was wanted by the police in Case Crime No. 298/93, under Sec. 307/394 I.P.C. After disclosing the grounds of arrest, he was formally arrested by the police.