1. This Criminal appeal has been filed against the judgment and order dated 4.4.1997 passed the then Sessions Judge, Banda in Complaint Case No. 32 of 1994 (State Vs. Idrish @ Khaura arising out Case Crime No. 183 of 1993, P.S. Badausa, District-Banda, whereby accused-appellant has been convicted under Section 8/20 of NDPS Act and awarded punishment of two years rigorous imprisonment, fine of Rs. 10,000/- and in default of payment of fine six months rigorous imprisonment.

2. In brief, the case of the prosecution is that on 9.8.1993, S.H.O. Kamlesh Singh Yadav (PW-1) was busy in patrolling duty along with Constable Kamlesh Singh, Constable Ramdas, Constable Suraj and Constable Om Prakash and Constable Suraj Prasad. When they reached near turn of the village Barkatpur, an informer gave them news that one person was coming from the side of Barkatpur who had illegal Ganja in his bag, who would proceed towards Badausa. Believing this information, the police party tried to find an independent witness but due to it being dark, no one was available. After having taken search of each other and having ensured that they had no illegal article with them. They started waiting for tha