VIKKY Vs. STATE OF U P

JUDGEMENT

(1.) This appeal challenges the judgment and order of conviction dated 25.11.2016 passed by the Additional Sessions Judge, Court No.18, Agra, in Session Trial No.16 of 2016 State Vs. Vikky son of late Kishan Lal, under Section 8/20 of N.D.P.S. Act, Police Station Shahganj, District Agra, whereby the appellant was sentenced to ten years rigorous imprisonment with fine Rs. 50,000/-, in case of default in payment of fine, he would be required to suffer additional six months imprisonment.

(2.) Heard Ms. Seema Pandey, learned amicus curiae for the appellant, Sri Om Narain Tripathi, learned A.G.A. for the State and perused the record.

(3.) Facts relevant for adjudication of this appeal appear to be that on 22.12.2015, S.I. Mahesh Singh, Incharge Police Outpost Sarai Khwaja, Police Station Shahganj, District Agra in company with other police personnel was busy in maintaining law and order and had left the Police Station vide Rapat No.2, Time 00:10 hours. As soon as the police party led by the aforesaid Sub-Inspector reached near Arjun tri-crossing at Railway double Fatak, while proceeding towards Nagala Chhaua, the police party sighted one man under railway bridge. No sooner did he see the police personnel than he suddenly turned back and began to scampering away from the scene which created suspicion in the mind of the police party and they apprehended the accused-appellant around 4:30 a.m. on 22.12.2015 on the road leading to Nagala Chhaua ahead of the railway bridge. When he was enquired, he explained his name Vikky son of Kishan Lal.