IMPORTANT POINT
There cannot be two scales and parameters for judging, appreciating and analysing evidences of prosecution and accused.

JUDGMENT

Vinod Prasad, J.—Appellant Shyam Babu Vishwakarma alias Ram Babu alias Shyam Babu is aggrieved by his conviction under Section 22 (C) N.D.P.S. Act and 489 (C) IPC and imposed sentences of ten years RI with Rs.1,00,000 fine, the default sentence being two years further RI, on the first count and two years RI with fine of Rs.1,000, the default sentence being one month further RI on the second count, recorded by Additional Sessions Judge, Court No. 1 Banda, vide impugned judgment and order dated 25.5.2010, passed in Special Case No.4 of 2008; State v. Shyam Babu Vishwakarma and S.T No.64 of 2008; State v. Ram Babu alias Shyam Babu and consequently has challenged the said judgment in the instant appeal under Section 374 (2) Cr.P.C. Further directions by the trial judge were that both the sentences shall run concurrently and set off shall apply to calculate total period of incarceration.

2. Stated briefly, prosecution allegations against the appellant, as extracted from the recovery memo Ex. Ka 2 and chik FIR Ex. Ka 8 and testimonies of fact witnesses; were that on 24.12.2007, informant PW1,Manoj Kumar Kaushik, SHO P.S. Kotwali, district Banda started for routine checking duty at 12.35 p.m., vide Rapat No.35, in an official jeep driven by (Vansh Narain accompanied by Constables Ram Pratap Singh and Budha Singh Bundela and came to tri-section crossing in front of Awasthi (Park at 6 p.m. where he met Sub Inspector K.N. Singh PW2 and all of them entered into conversations, when SOG Constables Om Narayan Shukla, Constable Iqbal Uddin, Constable Vinay Pratap and Constable Kalimuddin also arrived and joined them. In the midst of their talks, an informer informed them that a person on a red Hero Honda motorcycle coming from District Board side is carrying smack and fake currency note. Believing information to be correct, PW1 vainly endeavoured to join independent witnesses and consequently, all of them conducted inter se search of each other but could not find any objectionable substance. They thereafter, lay in waiting near the road at a distance of 100-150 meters from District Board for the person regarding whom, they were tipped off. At 6.45 p.m. they spotted a person coming from District Board side on a motorcycle. Informer pointed out at him and retreated from the spot. Approaching nearby motorcycle rider, was stopped and questioned, on which he disclosed his name as Shyam Babu Vishwakarma, the appellant. PW1 thereafter informed him that they had concrete information about his possessing smack and fake currency note. Initially appellant denied the said allegations but thereafter confessed that he had small quantity of smack and a fifty rupees denomination fake currency note. Informant PW1 thereafter made accused appellant aware of his rights under Section 50 NDPS Act of being searched before a Gazetted Officer or a Magistrate of his choice on which appellant in writing gave, Ex. Ka 2, of being searched by searching police party itself. Subsequent to written consent, that PW1 and other police personnel got their personal search conducted by the appellant to rule out any false implication and subsequent thereto PW1 conducted physical/bodily search of the appellant and found from right pocket of his pujama type full pant smack wrapped in a tattered piece of a newspaper, which on weighing came to be six grams, material Ex. 1. From the left side pocket of the pant a fake 50 rupees currency note, which resembled original currency, was recovered. On further inquiry appellant informed that a friend of his had given him the narcotic and the fake currency note but he did not disclose his name. Regarding motorcycle it was informed that the same belonged to him but failed to produce any paper in .it’s respect. Since appellant was involved in contravention of provisions of NDPS Act, I.P.C. and M.V. Act with penal consequences that, he was arrested under Section 22 NDPS Act, 489 IPC and M.V. Act. Recovered narcotic and the fake currency