JUDGMENT :

AJIT SINGH, J.

1. Heard Sri. Mukesh Kumar, learned counsel for the appellant and learned A.G.A. for the State and perused the record.

2. This criminal appeal has been filed against the judgment and dated 14.02.2019 passed by Additional Sessions Judge 9th, Kanpur Nagar, in S.T. No. 1035 of 1998 (State vs. Mohd. Javed), arising out of Case Crime no. 326 of 1996, under Section 18/20/21 of N.D.P.S. Act, P.S. Naubasta, District Kanpur Nagar, whereby learned Judge convicted and sentenced the appellant to five years rigorous imprisonment under Section 18-C of N.D.P.S. Act with a fine of Rs. 25,000/- and in default of payment of fine, further additional imprisonment for three months.

3. The prosecution story in brief is that on 18.04.1996 Sri. Uday Pratap Singh SHO along with some other police personnel were on patrolling duty in search of wanted criminals near Gopal Nagar bypass, suddenly two persons were seen coming together on scooter no. UMY-371 from Gopal Nagar and when they saw the police jeep they started running towards back side. On suspicion, the police party chased them and caught hold the suspected persons before gopal nagar tri crossing adjacent to ara machine of Ram Dh