ARVIND KUMAR MISHRA, J. - (1.) By way of instant appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 04.01.1991 passed by the VI-Additional Sessions Judge /Special Judge, (DAA) Etawah, in Session Trial No.55 of 1990 State Vs. Raju Prasad and another, arising out of Case Crime Nos.187 and 188 of 1989 under Section 22 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- G.R.P. Etawah, District- Etawah, whereby the accused-appellants have been sentenced to undergo ten years rigorous imprisonment coupled with fine Rs.1,00,000/- each, in default of payment of fine, they will have to undergo additional two years rigorous imprisonment.
(2.) Heard Ms. Seema Pandey, learned amicus curiae for the appellant, learned A.G.A. for the State and perused the record. Facts relevant for adjudication of this appeal appear to be that each of the two accused-appellants has been charged for offence under Sections 21/22 N.D.P.S. Act, 1985 for possessing 15 ceripex tablets and 9 noxious biscuits and were involved in Case Crime Nos.187 and 188 of 1989, Police Station G.R.P. Etawah, District Etawah, in respect of the recovery/incident which took place on 12.11.1989 around 10:45 p.m., on the eastern side of Platform No.2/3 near urinal of Railway Station Etawah where they were arrested by the police party led by Charan Singh, Station House Officer, G.R.P. Etawah.
(3.) The allegations against the accused-appellants as contained in the first information report indicate that on 12.11.1989, Charan Singh, Station House Officer, G.R.P. Etawah along with S.I. Surendra Kumar Katheriya, Head Constable Ram Sagar Tiwari, Constable Ram Niwas and Constable Har Dayal Singh accompanied by the informer Shadi Lal, made headway to the spot vide - G.D. entry no.39 at 22:30 hours - where the accused-appellants were allegedly present and arrived in the meanwhile at Railway Station Etawah. The public witnesses were sought to be arranged but no one was willing to become a witness. Therefore, the police party carried out inter-se search of each other and after confirming that they were not possessing any objectionable material/article arrived on the eastern side of Platform No.2/3 near urinal where the informer Shadi Lal beckoned the two persons sitting under Goldmohar tree. The sight of the police got three persons startled and they tried to move away from the place then the informer told that both these persons had administered noxious tea and biscuits to him on 07.11.1989 while he was traveling in train somewhere between Khurja and Aligarh and committed theft of his goods/articles regarding which a report was lodged by him at Police Station G.R.P. Aligarh on 10.11.1989.;