JUDGMENT :

1. Heard Sri Anil Kumar Pandey, learned counsel for the appellant, Sri Anirudh Kumar Singh, learned AGA-I for the State and perused the record.

2. The present criminal appeal has been preferred by the appellant against the judgment and order dated 13.08.2021 and punishment order dated 25.08.2021 passed by Special Judge (N.D.P.S. Act), Court No. 10, Barabanki in Special Sessions Trial (Special Criminal Case) No. 28/2014 (State of U.P. vs. Kamran) arising out of Case Crime No. 358/2013 relating to P.S. Zaidpur, District Barabanki, whereby he was convicted with sentence under Section 8/21(b) of N.D.P.S. Act for a period of five years rigorous imprisonment and with fine of Rs. 25,000/-and in case of default of payment of fine further six months additional imprisonment is awarded.

3. As per prosecution story, present appellant including one other co-accused person namely Anwar was arrested on 17.11.2013 and a contraband narcotic drug i.e. 100 gm of morphine was recovered from each of the accused. He submits that infact two FIR’s were lodged one is bearing No. 357 of 2013 and the next one is bearing no. 358 of 2013. The aforesaid recovery was shown from both the accused persons b