Hon'ble Dinesh Kumar Singh-I,J.

1. This criminal appeal has been filed against the judgment and order dated 23rd September, 1999 passed by then IVth Additional Sessions Judge, Varanasi in Criminal Case No. 559 of 1995 arising out of Case Crime No. 146 of 1995, P.S. Maruwadih District Varanasi whereby the accused appellant Anil Kumar has been convicted and awarded punishment under Section 21 of NDPS Act of 10 years rigorous imprisonment, fine of Rs. 1,00,000/- and in default of payment of fine to further undergo two years rigorous imprisonment.

2. Facts of this case, in nut-shell, are as follows.

3. On 3.9.1995 S.I. Pramod Kumar Pandey (PW-1), along with Head Constable Shyam Narain Yadav (PW-3) were busy in night patrolling duty and and were present at Maruwadih Inter-Section (Chauraha). There, they received information from an informer that one person was coming from the side of Lahartara and would go towards Shivdaspur Mandi. He had heroin with him. If police party promptly reached there he could be arrested. Believing this information to be true PW-1 (Pramod Kumar Pandey, Sub-inspctor) and PW-3 (Shyam Narain Yadav, (Head Constable) along with informer reached near Shivdasp