JUDGMENT :

HON'BLE SAURABH LAVANIA

1. Heard Ms. Azmi Yousuf, learned counsel for the appellant and Shri Ajay Kumar Srivastava, learned A.G.A. for the State.

2. The instant appeal under Section 374(2) has been filed challenging the judgment dated 13.08.2018 passed by learned IIIrd Additional Sessions Judge, Lakhimpur Kheri in Session Trial No. 08 of 2015 arising out of Case Crime No. 219 of 2014 under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short "Act") Police Station -Gaurifanta, District -Lakhimpur Kheri whereby the appellant has been convicted and sentenced for a period of twenty years along with the fine of Rs. 1,00,000/-and in default of fine to undergo additional six months' imprisonment.

3. It is to be noted that the appellant was apprehended/arrested on 22.11.2014 and he was never enlarged on bail. In this view of the matter, he has already gone sentence of nine years and six months.

4. The case of prosecution, as per material available on record, is to the effect that on 22.11.2014, the accused/appellant was apprehended by Amresh Vishwas on an information received from the police informant at about 16:45 hours and thereafter the accused/appellant