V. S. DAVE, J.

( 1 ) THIS is a jail appeal preferred against the judgment of Addi. Sessions Judge, Gangapur-city, dated April 2, 1987 who convicted the appellant for offence under S. 20 (b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

( 2 ) BRIEF facts of the case are that the accused-appellant is alleged to have been travelling in Train No. 24 UP going from Gangapur to Sawaimadhopur and two train Police guards, (G. R. P. Constables) namely, Girraj Prasad PW. 3 and Pratap Singh PW. 4 were travelling in ordinary second class compartment. The, found the appellant sitting on one of the single seats. It is alleged that he felt little disturbed on seeing the constables and, therefore, he was interrogated by Girraj Prasad constable. Girraj Prasad had noticed something in his right-hand under the rug he was putting on and so asked him to remove his hand and there fell down a small packet (P0th ). On opening of the same it was found that it was full of Charas. It was asked from Gulam Hussain whether he had license to which he denied. Just then the train had started from Gangapur Railway Station for Kota and by the time the interrogation went on it reached Sawaimad