JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. This appeal by special leave arises out of a judgment and order dated 30th January 2008 passed by a learned single judge of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Criminal Appeal No. 491 of 1991 whereby and whereunder the judgment of conviction and sentence dated 4th September 1991 passed by the V Additional Sessions Judge, Barabanki in Sessions Trial Nos. 393 of 1989 and 395 of 1989 convicting the appellant for commission of an offence punishable under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”) and sentencing him to undergo 10 years’ rigorous imprisonment as also the fine of Rs.1 lakh, and in default, to undergo one year’s rigorous imprisonment, was affirmed.

3. Shrikant Mishra was the Station House Officer (SHO) of Safdarganj Police Station situate in the district of Barabanki. He and other members of the police party were on a patrolling duty. They came out of the Police Station in the night of 5th January 1989 with Constable No.56 Ram Shankar Srivastava (P.W.3) and Constable No.277 - Vidya Prasad Pandey. They reached near a village commonly known as