JUDGMENT

Lok Pal Singh, J. - This appeal has been preferred against the judgment and order dated 21.11.2007, passed by the Additional District Judge, Kashipur, Udham Singh Nagar in Sessions Trial No. 62 of 2006, whereby the said court has convicted the appellant under section 20 of the Narcotic Drugs and Psychotropic Substances, Act (for short N.D.P.S. Act) and sentenced him to rigorous imprisonment for a period of five years and directed to pay fine of Rs. 20,000/-.

2. Prosecution story in nutshell is that Sub-Inspector Naresh Chauhan (PW1) along with Constable Pushkar Dutt Bhatt (PW2) and constable Dharmendra Kumar were on patrolling duty; they got information through the informant that the train via Lalkuan-Kichha-Kashipur, which reached Sarkada at 3 hours a person was traveling in it, who was carrying contraband item with him.

Relying on the said information the police personnel started search. The informer pointed towards the appellant that he is the person who is having charas. On seeing the police personnel the appellant tried to run from the spot then police personnel surrounded the appellant and arrest him at 3:15 hrs. On being asked, the appellant disclosed his name Aasiq Hu