ZULFIQAR KHAN Vs. UNION OF

JUDGEMENT

(1.) ALLAH Raham, J. The above-noted two appeals are connected matters, hence they have been taken up together and are being disposed of by a common judgment.

(2.) THESE two appeals arise out of a common judgment and order dated 27. 1. 2004, passed by Special Judge, N. D. P. S. Act/additional Sessions Judge, Lucknow in Criminal Case No. 324 of 1997, whereby accused-appellants Zulfiqar Khan, Prahlad Singh and Badri Lal were found guilty under sections 8, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, hereinafter referred to as the Act. Accused Zulfiqar Khan was awarded 14 years R. I. and a fine of Rs. 1. 5 lacs under the aforesaid sections. In default of payment of fine, imprisonment of three and a half years was awarded. Accused Prahlad Singh and Badri Lal were sentenced to ten years R. I. and a fine of Rs. one lac each under sections 8, 21 and 29 of the Act. In default of payment of fine, two years' imprisonment was awarded.

(3.) ACCUSED Nazeem Khan pleaded not guilty to a charge under section 8/21 of the Act. ACCUSED Badri Lal also pleaded not guilty to a charge under section 8/21/25 of the Act while accused Zulfiqar Khan and Prahlad Singh Lal pleaded not guilty to a charge under section 8/21/29 of the Act.