CRIMINAL APPEAL No. 2688 of 2004 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2688 of 2004 Kamta .....Appellant(s) Versus The State Of U.P. .....Respondent(s) Counsel for Appellant(s) : Vimal Shukla, Dinesh Kr. Chaudhary Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for appellant and learned Additional Government Advocate for opposite party/State. 2. The instant Criminal Appeal under Section 374(2) CrPC has been filed against judgment and order dated 06.12.2004 passed by the Sessions Judge, Blrampur in Sessions Trial No.69 of 2001, State v. Kamta, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Lalia, District Balrampur convicting and sentencing the appellant under Sections 8/20 N.D.P.S. Act to six years rigorous imprisonment with a fine of Rs.10,000/-. 3. As per prosecution version, the incident is said to have taken place on 09.04.2001 at 02.10 p.m. when police party was searching for certain criminals and saw the appellant approaching them suspiciously. Upon stopping him and searching him, 250 gms. of charas was recovered from his presence, out of which 50 gms. was taken as sample. Aft