CRIMINAL APPEAL No. 54 of 2005 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 54 of 2005 Chhabban And Another .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Shrawan Kumar, Dhananjai Kumar Tripathi, Nripendra Mishra, Rahul Srivastava Counsel for Respondent(s) : Govt.Advocate Court No. - 12 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for appellants 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 1st Additional Sessions Judge, Court No.3, Bahraich in Case Crime No.8 of 2002, State v. Bhole and another, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Nanpara, District Bahraich convicting and sentencing appellants under Sections 8/20 N.D.P.S. Act to seven years rigorous imprisonment with a fine of Rs.5,000/- each and in default of payment, they shall further undergo six months rigorous imprisonment. 3. As per prosecution version, the incident is said to have taken place on 27.08.2002 at 02.00 p.m. when a police party was patrolling certain area and also for effe