JUDGMENT :

1. The present criminal appeal has been preferred by the accused appellant Jograj challenging the order dated 05.06.2009 passed by Additional Sessions Judge, Court No.1, Pilibhit, in Special Trial No.63 of 2007 (State vs. Jograj) arising out of Case Crime No.1080 of 2007 u/s 8/18 Narcotics Drugs & Psychotropic Substances Act, 1985, Police Station Neuria, District Pilibhit, whereby the appellant has been convicted u/s 8/18 Narcotics Drugs & Psychotropic Substances Act, 1985 and has been sentenced for four years rigorous imprisonment and a fine of Rs.10,000/- and in default of payment of fine, for six months further imprisonment.

2. Heard Mr. R.B. Pal, Advocate holding brief of Mr. Ajay Kumar Kashyap, learned counsel for the appellant and Mr. Om Prakash Mishra, learned Additional Government Advocate as well as perused the record.

3. The prosecution case as narrated in the F.I.R. lodged by P.W.1 Sub-Inspector Gajram Singh is that on 22.08.2007, Sub-Inspector Gajram Singh along with Constable Ran Singh & Constable Kanhai Lal was busy in making enquiry about an application and was also on patrolling duty, during which when they reached Pilibhit road near village Gulhadiyan Dulha