JUDGMENT :

SURESH KUMAR GUPTA, J.

1. This appeal has been filed against the judgment and order dated 20.10.2016 passed by the A.S.J. court no. 5 Bahraich in S.T. No. 14/2012 arsing out of case crime no. 645 of 2011, under Sections 8/20 NDPS Act, whereby the trial court convicted and sentenced the appellant u/s 20 NDPS Act for 10 years' rigorous imprisonment with a fine of Rs. 1 lakh and in default of payment of fine, ten months additional simple imprisonment.

2. Brief fact of the case emerges as such that on 5.12.2011 at 15.00 hours, the informer informed to the police that one Nepali person carrying charas will arrive India via Nepalganj Rupaidiha main highway from Nepal. On receiving this information, Abhinav Kashyap, Assistant Commander made Special Checking Squad comprising SSBL personnel. The special checking squad along with the informant reached the check post which was situated at Nepalganj Rupaidiha highway and started waiting for accused-appellant. At 17.00 hours on pointing out of informer, the suspected accused was intercepted for checking. Even as the accused opened the bag, he started fleeing from the spot. But the special checking squad immediately nabbed him and on ask