JUDGMENT :

1. Heard Sri Vikas Vikram Singh and Sri Syed Mehfuzur Rehman, learned counsel for the appellant, learned AGA for the State and perused the record.

2. The instant appeal has been preferred under Section 374 of Cr.P.C. against the judgement and order dated 29.10.1998 passed by Additional Sessions and District Judge, VIIIth, District Lucknow in Session Trial No. 110 of 1994, arising out of Case Crime No. 352 of 1994, Police Station Hazratganj District Lucknow, wherein, the appellant, Liyaqat Ali, has been convicted and sentenced for the offence under Section 8/21 of Narcotics Drugs and Psychotropic Substance Act, 1985, (hereinafter referred as ‘NDPS Act’) for 10 years rigrious imprisonment with fine of Rs. 1,00,000/-and in default of payment of fine he shall further undergo two years of simple imprisonment and in Case Crime No. 353 of 1994, Police Station Hazratganj, District Lucknow, in addition to the aforesaid sentence, the appellant has also been convicted and sentenced for the offence under Section 25/4 of the Arms Act, 1959 for one year of simple imprisonment. Both the sentences were ordered to be run concurrently.

3. The prosecution case in brief is that on 23.03.1994 a