Bala Krishna Narayana, J. - (1.) HEARD learned for the appellant and learned A. G. A. appearing for the State.
(2.) THIS appeal has been filed against the Judgment and order dated 22.10.1999 passed by Special Judge, Rampur convicting the appellant for an offence under Section / of N. D. P. S. Act and sentencing him to undergo ten years' rigorous imprisonment and fine of Rs. 100000/ - (One Lac Only) and in default of payment of fine to undergo further simple imprisonment of three years. The prosecution case in short is that while the police patrolling party comprising of Sub -Inspector Ashok Kumar, Head Constable Iqbal Singh and Constable Sompal Singh were on checking duty on platform No. 1 at Rampur railway station, they saw a person sitting on a bench near the water tank on the eastern side of the railway station who upon seeing the police party, started walking and when despite being ordered to stop, he continued running, the police patrolling party chased him and caught him at about 8.30 P. M. Upon interrogation, he disclosed that his name was Nathoo Lal and upon being searched one kg. of opium was found in the belt which he was wearing along with Rs. 42/ -. He was given an option for being searched before a Gazette Officer or a Magistrate which he declined. From the recovered contraband articles a sample weighing about 25 gms. was drawn and remaining contraband articles were sealed. Specimen seal and recovery memorandum was prepared on the spot. Thereafter on the basis of a report lodged at G. R. P. out post, Rampur at about 9.30 P. M. a case under Section / N. D. P. S. Act was registered against the appellant. The sample drawn from the recovered contraband article was sent for chemical examination and according to the report of chemical analyst, opium was found in the sample. Thereafter charge under Sections / of the N. D. P. S. Act was framed against the appellant who pleaded not guilty and claimed trial.
(3.) IN order to prove the recovery of illicit opium from the possession of the appellant and his arrest on 23.2.1994 at about 8.30 P. M., the prosecution examined P. W. 1 Head Constable, Iqbal Singh, P. W. 2 Sub -Inspector Ashok Kumar, P. W. 3 Khalid Ikram and P. W. 4 Girish Chandra who proved the chemical analyst's report of the sample. In his examination under Section Cr. P. C. the appellant denied the incriminating circumstances against him and stated that he has been falsely implicated in the present case.;