Arvind Kumar Mishra, J. - (1.) Heard Sri A.N. Mishra, learned counsel for the appellant, Sri Om Narain Tripathi, learned A.G.A. for the State and perused the record of this appeal.
(2.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 01.07.2017 passed by the court of Additional Sessions Judge/Special Judge, Fast Track Court-II, Lalitpur in Sessions Trial No.41 of 2009, State Vs. Laakhan Yadav and another, Police Station- Bar, District- Lalitpur arising out of Case Crime No.93 of 2009, under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'N.D.P.S. Act), whereby the appellant has been convicted and sentenced for charge under Section 20 (b) of the N.D.P.S. Act, 1985 and sentenced to 10 years R.I. with fine Rs.1,00,000/- (Rupess One lac) and in default of payment of fine would have to suffer additional imprisonment for one year.
(3.) The prosecution case in brief is that on 10.02.2009, the informant- S.O.G. Lalitpur- Malkhey Dixit- was on duty along with Constables- Ajay Mishra, Dayaram, Raghuvendra Awasthi, Arun Kumar Tiwari and Kishori (Driver of Government Jeep UP 94A/ 4141). They were present at Paraun Tigaila situated at police station- Bar. At that point of time, S.O. Balbir Singh along with Constables- Rajendra Prasad Dubey, Yogendra Singh and Bhagwandas arrived on Government vehicle and were talking to each other, when a tip- off information was received from the informer (mukhbir) that accused- Laakhan Yadav of Village- Khodan, Mauza- Baghura is reaping 'ganja' crop on his field and in case raid is made, 'ganja' crop can be found. Believing on this information, the aforesaid police personnel proceeded towards the spot on foot, leaving behind their Government vehicle. On the pointing out of the sneaker, the police party saw two persons weeding the 'ganja' crop. On seeing the raiding party, both the accused ran towards the eastern side where the wheat crop was sown. At about 100 paces east from the well in the field of 'ganja' crop, the accused was apprehended by the police.;