CRIMINAL APPEAL No. 435 of 1998 at Lucknow

Page No 1 of 46 A.F.R. HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 435 of 1998 Vinai Kumar Sharma …..Appellant(s) Versus Union of India …..Respondent(s) Counsel for Appellant(s) : Rishad Murtaza, A.Zaidi, Kunwar Sushant Prakash, Mohd. Arif Khan, Prince Lenin Counsel for Respondent(s) : Rakesh Kumar Awasthi, S.M. Singh Royekwar Reserved on 05.12.2025 Pronounced on 19.12.2025 Uploaded on 19.12.2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The instant appeal under Section 374(2) Cr.P.C. has been filed challenging the judgment and order dated 28.05.1998 passed by IXth Additional District and Sessions Judge, Lucknow (in short “trial Court”) in Criminal Case No. 85 of 1995, under Sections 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "NDPS Act") Police Station – Narcotics Department, District – Lucknow whereby the appellant has been convicted and sentenced under Sections 8/21 of NDPS Act for a period of ten Page No. 2 of 46 years rigorous imprisonment along with the fine of Rs. 1,00,000/- and in default of payment of fine, to undergo additional five years’ rigorous imprisonment. 2. Heard Shri Kunwar Sushant Prakash, learned counsel for