K.P.SINGH,J. - (1.) This Criminal Appeal has been filed against the judgment and order dated 10.05.2006 passed by learned Additional Sessions Judge, Fast Track Court No. 3, Firozabad in ST. No. 252 of 1997 (State v. Manoj Kumar) Police Station-G.R.P. Tundla, District-Firozabad, whereby the Court below has convicted and sentenced the appellant under Section 21/22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "N.D.P.S. Act") for two years rigorous imprisonment and fine of Rs. 2000/- in default of payment of fine, learned Judge has further awarded two months simple imprisonment.
(2.) The prosecution story of the case as narrated in the F.I.R. is given below: On 25.07.1997 at about 12.40 pm. when Station House Officer, Parashuram Nirala along with other police officers reached at the eastern side of platform No. 3/4, got information from the informer that two persons, who have intoxicating powder and biscuits, administer the drug to the passengers, and steel their goods after their unconsciousness, are sitting on the bench made near the toilet, which is on eastern side of the tin shed on the platform No. 3/4. On believing the information received from the informer, tried to persuade the public's testimony, but no one was ready to testify due to interruption in travel, without making delay the police officers make themselves sure by making search along with informer that they do not have anything relating to the offence, after that police officers along with informer departed from the eastern edge of platform no 3/4 to the west and came to the toilet there, then the informer told by sigh language that these are the people who are sitting on the bench made under the tin shed, the informer went back after pointing. Police officers went toward bench, after seeing the police officers, both of the men got up from the bench and walked with fast steps toward the west of the platform. Police officers asked both of the people to stop, these people started to walk with faster steps and started trying to run away, then the police officers ran and caught both of them by using necessary force in the west direction at a distance of about 25 steps away from the bench at around 12:40 P.M. While asking their names and addresses, they were told that it was to be informed to the police officers about having intoxicating powder by them, therefore they will have to go to a gazetted officer or magistrate to make search. Both of the arrested persons told to the police officer that they do not want to go to the search of a gazetted officer or a magistrate, the arrested person told to the police officers to make search by them, during the search, from Manoj Kumar, about 20 grams of intoxicant white powder wrapped in a paper with a match box from the right pocket of the worn paint and a packet of intoxicant biscuits from the left pocket of the paint, on which it was written in English, "Bakemans Cream Runch" which colour was red, yellow and white, was recovered. And during search from Dharamveer, second arrested person, about 16 grams of intoxicant white powder from a packet from the right pocket of the worn paint and a packet of intoxicant biscuits from the left pocket of the paint on which it was written in English, which colour was red, yellow and white, was recovered. Accused told that they brings traveler into confidence and give them intoxicant powder and biscuits by mixing in tea and food items and steal their goods after their unconsciousness, the accused told to be intoxicant substance even in the recovered biscuits, explaining the reason of the arrest, the accused were taken into police custody Recovery memo Ext/Ka-1 regarding arrest of appellant and recovery of contraband articles from him was prepared and case was registered at Police Station concerned. The sample drawn from the seized contraband was dispatched to F.S.L. Agra. According to the report of F.S.L. Agra, sample was found to contain Oxazepam"
(3.) Investigating Officer Amvreesh Prakash (P.W.5), after completing investigation and making necessary formalities submitted the charge sheet (Ext.Ka-6) against the appellant. Appellant-Manoj Kumar was charged under Sections 21/22 N.D.P.S. Act. Appellant pleaded not guilty and claimed to be tried.;