JUDGMENT :

1. The instant Criminal Appeal has been preferred by the accused/convict Satyapal and Saifuddin Urf Sheruddin who are convicted and sentenced on 02.10.2018 for charge under Section 8 /15-(C) NDPS Act, Case No.39 of 2018 (State of U.P. Vs. Satyapal and other) arising out of Case Crime No.994 of 2004, Police Station Kotwali, District Bareilly by Additional Sessions Judge, Court No.30 Bareilly and sentenced to 10 years rigorous imprisonment and Rs.1,50,000/- fine with a default stipulation. Another co-accused Pappu died during trial and the case was abated in respect of him due to his death.

2. Heard Sri N.I. Jafri, learned senior counsel assisted by Sri Sadrul Islam Jafri, learned counsel for the appellant and learned AGA for the State and perused the material available on record.

3. The brief facts of the case, leading to filing of present Criminal Appeal are that on 03.05.2004 PW1 S.S.I. Jagdish Kumar Arora accompanied by SI Siddhartha Mishra and SI Subhash Tiwari (PW2) two constables came to Chowki Crossing P.S. Kotwali, Bareilly in connection with their official duty on 03.05.2004. They inspected the Truck Bearing Registration No.DL-1 GA-6583 on a tip off received from a