UMESHWAR PANDEY, J.

This jail appeal arises out of the judgment and order dated 26-3-2001 passed by the 1st Additional Sessions Judge, Etawah, convicting the appellant for the offence punishable under Section 21 of NDPS Act (hereinafter referred to as the act) and awarding him sentence to rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ -.

2. The brief facts, as disclosed in the prosecution case are that in the night falling between 31st December, 1999 and 1st January, 2000 at about 3. 10 a. m. when the police party in leadership of P. W. 1, S. I. Rudra Pratap Singh, was out for night patrol, they had to halt near the Railway crossing, which was then closed on account of some train shortly to pass therefrom. While their jeep was stopped on the road, the police party noticed that one person from the other side of the railway line was coming towards the railway gate but when he noticed the presence of the police vehicle there, he immediately turned back and started walking in the opposite direction. PW 1 Rudra Pratap Singh, having got suspicious of the person, immediately got down from the jeep and flashed his torch towards the man and cautioned him to stop. Hea

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