Hon’ble Shiv Shanker, J.—This criminal appeal has been preferred against the judgement and order dated 10.1.1995 passed by 1st Additional Sessions Judge, Saharanpur in Special case No. 45/93 convicting and sentencing the appellant under Section 15 of N.D.P.S. Act awarding sentence for 10 years R.I. with fine of Rs. 1,00,000/- and in default of fine, further R.I. for two years.

2. Brief facts arising out of this appeal is that on 8.5.92, S.I. Jagat Kumar Singh P.W.1 accompanied with constable Asgar Ali P.W. 2 and constable Sheoraj Singh had proceeded from the concerned police station on patrolling duty for tracing out the wanted miscreants towards Sekhpura Kadim and reached at the crossing of Bani, where one person taking a plastic bag upon his shoulder, was seen. After seeing the police personnel he had turned and had tried to run away, upon which he was challenged but he did not stop. Thereafter he was arrested at 8 P.M. at the distance of 40 steps from the crossing and disclosed his name Rifaqat alias Fakka. It was suspected that he was having doda powder. Therefore, he was asked to get him searched from the gazetted officer, upon which he replied that he was satisfied an