- (1.) This criminal jail appeal has been directed against the judgement and order of conviction dated 31.01.2005 passed by Additional Sessions Judge, Court No. 10, Agra, whereby the appellant was convicted under Section 15 of N.D.P.S. Act in Special Sessions Trial No. 37 of 2005 in Case Crime No. 36/05 Police Station G.R.P. Agra Cantt. District Agra.
(2.) By the instant judgement, the trial court found the accused guilty in possession of opium to the tune of four k.g. and convicted under Section 15 of N.D.P.S Act and sentenced him for imprisonment of three years and six months with fine of Rs.10,000/- and in case of default of payment in fine to further undergo two months more imprisonment.
(3.) The prosecution story in brief is as follows :- On 04.03.2005 SI S.D. Kaushik alongwith H.P.C Budhpal Singh, were in routine duty for checking out the crime on platform, and there Constable Shyam Sunder and Constable Satya Deo also joined. When they reached on platform no. 1/6 near toilet then one person abruptly started running in suspicious manner then he was apprehended 15 steps from toilet and after interrogation, he revealed his name as Anil / appellant. When he was personally searched, from the bag that was on the shoulder of the accused, four packets of opium in the form of Doda - Chura were recovered. Due to sudden arrest, witness could not be taken and nobody was prepared to be a witness. It is also told him that if he wishes can be presented before the Gazetted Officer / Magistrate and search can be made before him, but the accused denied. The recovered material was sealed on the spot and then accused was lodged at the police station and recovered articles was also deposited in the Police Station and F.I.R was lodged.;