DARBARI Vs. STATE OF U P

JUDGEMENT

(1.) Two accused Darbari and Keshavraj filed this appeal against the judgment and order dated 10-3-95 passed by Sri M. P. Gupta, the then Additional Sessions Judge, Gorakhpur in S. T. No. 188 of 1992 whereby he convicted both the accused under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and sentenced each of them to undergo rigorous imprisonment for a term of ten years and to pay a fine of rupees one lac in default in payment of fine, they were ordered to suffer further rigorous imprisonment for a period of two years.

(2.) In brief, the facts of the case which led to the prosecution of the appellants are as under:

(3.) P.W. 3 S.I. Ram Nagina Singh and P.W. 4 constable Shanker Prasad were posted as Station Officer and constable respectively of P. S. Nichlaul (Maharajanj) in the month of December, 1989. On 8th December, 1989, the Station Officer reached Jhulnipur Barrier by a Government vehicle (jeep) driven by constable Bal Chandra Yadav. The Mukhbir informed him that at about 9-00 p.m., two persons coming from Nepal xvould go towards Nichnaul after crossing Amripur Bridge. Believing this information to be correct the Station Officer collected H.C. Rajan Mishra and three constables, including Shanker Prasad. He picked up to two public witnesses Ram Prasad and Ishaque also in the way. He accompanied by Mukhbir, police force and public witnesses reached Amripur Bridge and the entire force concealed themselves. At about 9-15 p.m. two persons arrived there. Mukhbir pointed out towards them whereupon they were intercepted. They tried to run away but both were apprehended towards south of Amripur Bridge.