Hon'ble Ifaqat Ali Khan, J.

1. This present appeal is preferred by the appellant Waris Ali against the judgment and order dated 11.03.1998 passed by Additional Session Judge, Maharajganj in Session Trial No. 34 of 1996 under section 8/21 N.D.P.S. Act, Police Station- Kolhuvi, District-Maharajganj, convicting the appellant under section 8/21 N.D.P.S. Act and sentencing him for the rigorous imprisonment for 10 years with the fine of Rs. 1,00,000/- and it is also provided that in default of payment of fine he will undergo the Additional imprisonment for 3 years.

2. Facts giving rise to this appeal are that as per prosecution on 27.07.1996 when S.O., Sangam Mishra, Sub-inspector Tahsildar Singh, police constable Rambadan Yadav and constable Anil Kumar Rai were present on the Kohulvi Tiraha for the checking of the vehicles and suspected persons then they received the information for informer that a person is coming from Nepal carrying charas in plastic bag, believing on this information police party started waiting for that person, at that time one person having a bag in his hand came from the side of Lotan Tiraha. On the pointing of informer police personnel's try to check h