JUDGMENT :

(Hon'ble Shamim Ahmed, J.) :

1. The case is taken up in the revised call.

2. This criminal appeal Under Section 374 (2) Cr.P.C. against the judgement and order dated 29.7.2002 passed by Learned Special Judge, B.D.P.S.Act, Lucknow in criminal case no. 650 of 1991 Under Section 8/21/29 N.D.P.S. Act, challaned by C.B. Mohd. Ikrar and other Vs. Union of India by which the appellants have been convicted for 6 years R.I. and fine of Rs 25000/- each with stipulate default

3. Considering the report of the Chief Judicial Magistrate, Barabanki dated 05.03.2024, the appeal in respect of appellant No.1-Ikrar has already been abated vide order dated 03.07.2024. Thus, the present appeal is decided on merit in respect of appellant No.2-Sushail.

4. Heard Sri A.P.Mishra, learned counsel for the appellant No.2-Suhail as well as Sri S.M.Singh Royekwar, learned counsel for the Union of India.

5. The Brief fact of the prosecution, on 13.9.1991, Inspector received confidential information that two individuals, Baijnath and Vinod, residents of Motihari, Bihar, were staying at Anand Hotel in Aminabad. They were expected to receive a consignment of heroin from Ikrar son of Moh. Anis and Suhail son