BADLU Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal challenges the judgment and order of conviction dated 21.08.1997 passed by the III Additional Sessions Judge, Fatehpur, in Special Session Trial No. 19 of 1995 State v. Badlu son of Jairam Pasi , under Section 8/20 of N.D.P.S. Act, Police Station Asothar, District Fatehpur, whereby the appellant was sentenced to ten years rigorous imprisonment with fine Rs. 1,00,000/, in case of default in payment of fine, he would be required to suffer additional imprisonment for two years.

(2.) Heard Sri Rajesh Kumar Singh, learned amicus curiae for the appellant, Sri Sanjay Kumar Rajbhar, learned A.G.A. for the State and perused the record.

(3.) The brief facts of this case originate from the recovery and arrest of the aforesaid appellant Badlu on 20.01.1995 when the informant Station House Officer, Ramesh Chandra Pushkar along with Sub-Inspector Gorakhnath Singh, Constable Chhabbu Ram, Constable Ram Roop, Constable Ram Bachan, Constable Abdul Rashid, driver Harnandan Singh were busy in patrolling with the government jeep in the area falling in the region of police outpost Sarkandi. As soon as the police party reached the hamlet of Sarkandi near culvert of canal, the police party sighted one person coming from opposite side in the jeep light. No sooner did he come near the jeep than he saw the police party, suddenly turned back and began to run away whereupon the police being suspect of him, chased him to some distance and caught him 3235 steps away from the culvert on the Kharanja road leading to the hamlet Sarkandi around 11:00 p.m.