- (1.) Accused-Gopal alias Mahesh, son of Bhoop Kachhi, filed this appeal from jail against the judgment and order dated 20-6-1989 passed by the then learned Sessions Judge, Fatehpur whereby he convicted Gopal alias Mahesh under S. 22 of the 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 sum of rupees one lac as fine in the event of default, he was ordered to undergo additional rigorous imprisonment for a term of two years.
(2.) Briefly stated, the prosecution case was as under : P.W. 1 S.1. Rajendra Dhar Dwivedi was posted as Station Officer GRP, Fatehpur on 24-9-1988. He accompanied by two Constables, namely, Tribhuwan Pandey and Afsar Khan were on duty at platform No. 2/3 of the Railway Station. At about 9-45 p.m. S.I, Dwivedi was informed by Mukhbir that one miscreant having intoxicating drugs and weapon was waiting on the wooden bench under tin-shed built towards east of the over-bridge for Prayag Raj Express. Believing this information, S.I. Dwivedi picked up two public witnesses Ramesh and Ram Khelawan and disclosed his mission to them. The police force accompanied by public witnesses and the Mukhbir arrived near the said tin-shed and questioned a person sitting on the bench. He did not reply and tried to run away. He was, however, overpowered by the police force with the help of witnesses at about 10.00 p.m.
(3.) After interrogation, the miscreant disclosed his name as Gopal alias Mahesh Kachhi and on being searched in the presence of public witnesses, a knife was recovered from his possession. The police further recovered fifteen tablets of Lorazepam from the left pocket of the trouser.;