UMESHWAR PANDEY, J.

This criminal appeal arises out of the judgment and order dated 16-3-1994 passed by the 1st Additional Sessions Judge, Saharanpur, convicting the appellant-Ravi alias Nitu and sentencing him to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/- in S. T. No. 933 of 1992 under Section 15 of N. D. P. S. Act (hereinafter referred to as the act ).

2. The appellant is said to have been arrested by the police patrol party, which also included by PW 1- Bhanu Pratap Singh and PW 2-B. L. Gautam, Sub-Inspector of Police Station Kotwali Nagar, Saharanpur. While the police party was on patrol duty in the night of 19-9-1992 at about 10. 30 a. m. , it noticed the present appellant alongwith Arun @ Bobby coming from opposite direction. They tried to escape after having seen the police party coming near them but the police getting suspicious against them, chased and the appellant alongwith his companion was thus, arrested. Both of them were carrying one bag each which the police party proposed to search. Accordingly PW 2, B. L. Gautam, Sub-Inspector gave an option to the appellant to get his search done in presence of a Magistrate or a Gazetted Officer. But

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