Dinesh Kumar Singh-I, J.

1. This criminal appeal has been filed against the judgment and order dated 30.8.1999 passed by the then VIIth Additional Sessions Judge, Varanasi in Criminal Case No. 624 of 1996 (State Vs. Barsati Yadav), under Section 21 of NDPS Act whereby accused-applicant has been convicted and awarded punishment of ten years rigorous imprisonment, fine of Rs. 1,000,00/- and in default of payment of fine, two years additional simple imprisonment.

2. In brief, the prosecution case is as follows. On 23.10.1996, S.I. Sri Dalpati Singh (PW-3), Constable Rajendra Bahadur Singh (PW-1) and Constable Mayapati Pandey (PW-2) reached village Tarna Bazar during patrolling duty. They found one person near whom, there were few persons, who fled away from there seeing the police. Getting suspicious police gave him a chase and arrested him at about 3:15 pm. When inquired, he disclosed reason of his running away that he sells 'Heroin' in pudias and as he was selling the same, he was trying to flee away from there. When it was inquired as to whether still he had heroin with him, he replied in affirmative. At this, he was commanded to be taken to a Magistrate or a Gazetted Off