Vishnu Chandra Gupta, J.

1. This criminal appeal under section 374(2) of the Code of Criminal Procedure (In short 'Cr.P.C.') directed against the judgment and order dated 15.1.2009 passed by learned Additional Sessions Judge, Ambedkar Nagar in S.T. No. (NDPS) 13 of 2008 relating to Police Station Jahangirganj, District Ambedkar Nagar whereby the sole appellant has been convicted under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (In short 'NDPS Act') and sentenced to undergo rigorous imprisonment of four years and fine of Rs. 10,000/- and in case of default of payment of fine, the appellant shall further undergo additional imprisonment for six months. The brief facts for deciding this appeal are that the police party headed by Sri Rana Pratap Singh, the then Station Officer Police Station Jahangirganj, was on petrol duty along with Constable Ram Singhansan Singh, Vivekanand Mishra and Vishwa Nath Singh in the intervening night of 23/24.4.1998 to see his area and to arrest the suspected criminals. When the police party reached Annapur Petrol pump at about 00: 25 A.M., Constable Mohan Prasad and Constable Kedarnath Yadav met. The police party along