ORDER :

PRADEEP KUMAR SRIVASTAVA, J.

1. This Criminal Appeal has been filed against the judgment and order dated 10.08.1998 passed by Ist-Additional Sessions Judge, Etawah in S.T. No. 53 of 1994 (State Vs. Satte @ Sattan) has been convicted and sentenced for the offence under Section 8/20 NDPS Act, Police Station Bharthana, District Etawah and sentenced for 10 years rigorous imprisonment and Rs. 1 lakh fine and, in default of payment of fine, for additional sentence of 3 years.

2. The brief facts of the case is that in the night of 03/04.02.1993 SI D.P. Awasthi of Police Station Bharthana was on patrolling duty along with constable Hari Shanker and Maharani Deen Mishra. On information received from a informant that Satte alias Sattan, accused of crime No. 422 of 1992 under Section 392 IPC is present along with looted tyre of bus with rim near the southern railway bridge of station and is about to carry the tyre by train to Etawah. After receiving this information, the police proceeded towards the above mentioned place and on the pointing of the informer, while the accused was trying to run away, he was arrested at about 2:30 AM at ten pace away from the bridge after using necessary fo