Hon'ble Dinesh Kumar Singh-I, J.

1. This Criminal Appeal has been directed against judgment and order 9/7/2013 passed by the Additional Session Judge, Court No. 12, Varanasi in Special Criminal Case No. 187 of 2011, State vs. Shaukat Ali arising out of Case Crime No. 93 /2011, PS Manduwadih under sections 8/21 of the NDPS Act, whereby he has been awarded 10 years R.I., fine of Rs.1.00 lakh and in default of payment of fine one year additional imprisonment.

2. In brief, the facts of the case are as follows:-

3. The police Patrolling Party headed by Sub Inspector, Arun Kumar (PW 1) with his companion constables namely, Kanahiya Ram and Manoj Rai (PW 3) were busy in their area. When they reached SBI ATM near Manduwadih station, one person was seen coming from Kakarmatta side, who looking the police personnel took about turn and tried to flee but was followed by police party and was caught near Hanuman temple. He disclosed his name to be Shaukat Ali and told that because he was possessing 350 grams of heroin, he wanted to avoid arrest but was caught. On his such disclosure he was apprised about his legal right to be searched in presence of a Gazetted Officer or a Magistrate,