Chandra Dhari Singh, J. - (1.)Heard Dr. Abidab Syeed learned Amicus Curiae for the appellant, learned A.G.A. for the State and perused the record.
(2.)This instant jail appeal has been preferred against the judgment and order dated 28.04.2017, passed by the Additional Sessions Judge/ Special Session Judge (SC/ST P.A. Act), Siddharthnagar in Session Trial No.11 of 2012, by which the accused-appellants had been convicted for offence punishable under Section 20 (b) (ii) (c) of Narcotic Drugs & Psychotropic Substances Act I.P.C. and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.1, 00000/-. In the event of default in payment of fine, the appellant would further undergo two years additional rigorous imprisonment.
(3.)Brief facts of the case.
(I) As per the prosecution story, the complainant S.O. Hari Singh Yadav got report registered at P.S. Dhebrua to this effect that "on 06.06.2012, S.O. Hari Singh Yadav along with S.I. Ramesh Yadav, Station Incharge, Badhni along with Constable No.266 Mubarak Khan, Constable No.695 Mudrika Yadav, Constable No.692 Mukesh Kumar Yadav, Constable No.911 Aaftab Alam, Constable No.363 Umesh Kumar, Constable No.485 Kaushal Chaurasiya and Constable No.409 Nathuni Yadav by Government Jeep bearing Registration No.UP-55G-0108 driven by Nirbhay Singh met S.S.B. Assistant Commandent Shri Rangrath, Constable 050332291 G.D. Arvind Tiwari, Constable 0070195 G.D. Balakram and Ladies Constable 080615593 K. Devi and Constable 080611132, near no men's land at Chamanganj. Where they were discussing about law and order situation in relation to 'Nagar Panchayat Elections, 2012', at that point of time, informer of S.S.B. came and informed that two ladies carrying 'Charas' from Nepal are going to enter in India from Pillar No.568. On believing such information, he with other officers and S.S.B. force moved towards Pillar No.568, then they saw that two ladies from Nepal border entered in India near Pillar No.568. The informer by pointing towards them confirmed that those were the said ladies. They saw the police officers and started moving fastly towards India, then with the help of lady constable of S.S.B., they were caught in Indian limits at about 150 mtrs. from no men's land. On enquiring, they told their names respectively as- 1). Sita @ Kali Verma w/o Radheyshyam Verma, R/o Bhagwati Toll Dharai Ward No.10, P.S. Tulsipur Chowk, District Daang, Nepal, 2). Kalpana w/o Rajkumar, R/o Dharai Ward No.10, P.S. Jiparkar, District Daang, Nepal. They were asked for being searched, on that both ladies admitted that they are possessing 'Charas'. They were also told that their search will be conducted in presence of a Magistrate or a Gazetted Police Officer. They started saying that when you people have caught us then you can search us. On their consent, their 'Consent Fard' was prepared. Police officials after searching each other and with the help of lady constable conducted 'Parda Search' of both ladies and recovered 9 packets of Charas from Sita @ Kali tied at waist with a belt and wrapped in polythene and also recovered 9 packets of Charas from Kalpana @ Kali tied at waist with a belt and wrapped in polythene. On being asked, Constable Umesh Kumar brought weighing machine and said recovered packets were weighed. The total weight of 9 packets of Charas recovered from Sita @ Kali is 4.588 kg. and weight of 9 packets of Charas recovered from Kalpana is 5.742 kg. They were asked to show documents pertaining to said recovered Charas but they failed to show any document. Thereafter, they have committed the offence punishable under Section 8/20 of N.D.P.S. Act. At around 17.20 hours, the police after stating reasons to them arrested them and take them in custody after complying with orders and guidelines issued by the Hon'ble Apex Court and Human Rights Commission. Information of arrest of both accused persons was given at their respective addresses. Out of recovered Charas from both, 50 gm. each was taken separately and sample parcels were prepared and remaining Charas was sealed in two separate parcels in white cloth. Respective Fards were prepared and read over to the related persons and their signatures were being taken. Several persons gathered at the time of recovery and arrest but scattered on being asked to be a witness of the incident."

(II) On the basis of said complaint, F.I.R. was registered against accused Sita @ Kali Verma as Case Crime No.597/2012, under Section 8/20 N.D.P.S. Act and accused Kalpana as Case Crime No.598/2012, under Section 8/20 N.D.P.S. Act at Police Station Dhebrua and charge sheet has been filed, accordingly the court took cognizance of offence and summoned the accused persons for their trial.

(III) On perusal of entire evidences available on record, the court vide order dated 28.09.2014 framed charge under Section 20 (b) (ii)(b) of Narcotic Drugs and Psychotropic Substances Act, 1985 against accused Sita @ Kali Verma and Kalpana. Vide order dated 11.12.2014 amended charge has been framed under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 against accused Sita @ Kali Verma and Kalpana. The accused persons denied charges framed against them and claimed trial.

(IV) The prosecution examined five witnesses and perused the several material available on the record for conviction of the accused persons in the present case.

(V) The Court of Additional Session Judge/Special Session Judge, Siddharthnagar vide order dated 29.04.2017 convicted the accused persons under Section 20(b)(ii)(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced them 10 years of rigorous imprisonment and fine of Rs.1, 00000/- (Rupees one lac) each. In case of default of deposition of fine they were further suffered to two years rigorous imprisonment.

(VI) Both the accused persons were preferred the present Jail Appeal No. 4368 of 2017 against the order dated 29.04.2017 passed by Additional Session Judge/Special Session Judge, Siddharthnagar in S.T. No.10 of 2012 before this Court.