(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 15/2/2023 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No.33/2017 by which the learned Judge convicted and sentenced the appellant as under:- <FRM>JUDGEMENT_106_LAWS(RAJ)4_2024_1.html</FRM>
(2.) Both the sentences were ordered to run concurrently.
(3.) Brief facts of the case are that on 28/11/2016, SHO, Police Station Parsola alongwith patrolling team laid a blockade. During blockade, they apprehended two persons coming from Dhariyawad Road and after seeing the blockade, they turned the motorcycle. After that, rider of the motorcycle fled away from spot and pillion rider was caught. On inquiry from pillion rider, he disclosed his name as Suraj Sen @ Surya and rider name as Devi Lal @ Nana Lal, who is the appellant in this case. Upon search, poppy husk was recovered without any valid licence and permit.