LIYAKAT GOOJAR Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. 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 Section 8 read with Section 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.) S. I. Ibrahim recovered 1. 200 kilograms of morphine (heroin) from the right pocket of his kurta. The arresting officer further recovered four puriyas of morphine, which was concealed in a polythine. The recovered contraband was sealed on the spot and a sample of seal was prepared. No public witness was available there and as such, no witness was associated with the alleged recovery. A seizure memo was prepared on the spot in the light of torch.