HASAN ALI Vs. STATE

JUDGEMENT

(1.) Heard Sri Chandra Kesh Misra. amicus curiae for the Appellant and the learned A.G.A. for the State.

(2.) The challenge in this appeal by the Appellant is to his conviction under Section 8/20, N.D.P.S. Act and the imposed sentence of ten years' R.I. and a fine of Rs. one lac and in default of payment of fine a further imprisonment of two years.

(3.) The prosecution version as unfolded during the trial is that while the police party comprising of S.S.I. Sri Ramji Lal. S.I. Sri Rajesh Kumar Sharma and constable Jai Prakash and Amarjeet Singh was waiting at Police Check Post Kandhala road for the mukhbir khas to arrive so that arrest of the accused in Case Crime No. 353 of 2003 under Section 395/397, I.P.C. be effected, the police party saw a person coming from the side of Kandhala road carrying a plastic bag on his head. The said person upon seeing the police party became nervous and started moving briskly towards Jahanpur village road. This aroused the suspicion of members of the police party who chased him and intercepted him at 13.30 hours on the Jahanpura village road.