Virendra Kumar Dixit, J. - (1.) BY this appeal, the Appellant Islamuddin seeks to challenge the judgment and order dated 01.10.1997 passed by the learned Second Additional Sessions Judge, Barabanki in Criminal Trial No. 165 of 1991, whereby the Appellant has been held guilty of the charge under Sections 8/21 N.D.P.S. Act and thereby sentenced to undergo 15 years rigorous imprisonment and a fine of Rs. 1,00,000/ - and in default of payment to undergo one year's further rigorous imprisonment.
(2.) THUMBNAIL sketch of the facts of the case is as mentioned herein below: That on 23.08.1991 at about 4.30 p.m. at village Jamuniadeeh near Police Station Jaidpur District Barabanki one kilogram unauthorized morphine was recovered from the possession of accused -Appellant Islamuddin. After investigation, charge sheet was filed under Section 8/21, N.D.P.S. Act against the accused -Appellant namely Islammuddin. On 20.02.1992, the learned Sessions Judge framed charge against the accused -Appellant under Section 8/21 N.D.P.S. to which he pleaded not guilty and claimed to be tried.
(3.) THE prosecution in support of its case examined five witnesses, namely P.W.1. Sri Rajednra Singh Sangar, S.O. Special Research Branch, Kaisarbagh District Lucknow, P.W.2 Sri Jilaljeet constable Police Station Zaidpur District Barabanki, P.W.3 Sri Komal Nath Singh, Constable P.S. Rudoli District Barabanki, P.W.4 Investigating Officer, Sri Sukhram Yadav, Sub Inspector. P.S. Zaidpur District Barabanki and P.W. 5 Constable Sri Ambika Yadav. The learned trial court also examined C.W. Sri M.N. Tiwari, Scientific Officer, 2 Forensic Laboratory, Mahanagar, Lucknow as court witnesses.;