Hon'ble Ifaqat Ali Khan,J.

1. This Criminal appeal is preferred by Smt. Pramila, wife of Gagan Dev Mahto against the judgment and order dated 19/20.09.2014 passed by Additional Session Judge, Court No. 1 Maharajganj, in Special Case No. 18 of 2011, State vs. Smt. Pramila, in Crime No. 1751 of 2010, under section 8/20/23 N.D.P.S. Act, Police Station Thuthibari, District- Maharajganj.

2. As special case no. 18 of 2011, State vs. Smt. Pramila, arising out of Crime No. 1751 of 2010 and Special Case No. 17 of 2011, State vs. Smt. Geeta Devi, arising out of Crime No. 1750 of 2010, under section 8/20/23 N.D.P.S. Act, Police Station Thuthibari, District- Maharajganj are related to the same recovery memo and the same occurrence, therefore, these both special cases were consolidated by the lower Court and are decided by the single impugned order and judgment dated 19/20.09.2014.

3. This appeal is preferred only by Smt. Pramila who is the accused in special case no. 18 of 2011, State vs. Smt. Pramila. By this impugned order and judgment dated 19/20.09.2014, appellant Smt. Pramila has been convicted in special case no. 18 of 2011, Crime no. 1751 of 2010, under section 8/20/23 N.D.P.S., Act and is punished with the rigorous imprisonment of 10 years along with the fine of Rs. 1,00,000/-. In default of the payment of fine, she is ordered to under go the additional imprisonment for one year.

4. The facts in brief of this case are as follows:-

5. On 14.12.2010 complainant/S.H.O. B.K. Singh along with S.S.I. Sri Prakash Tiwari, reached at the camp of S.S.B. and from S.S.B. camp Thuthi Bari took sub-inspector Lal Bahadur Singh Rathore, H.C., G.D., Mohanlal, constable Gupta Ramesh and lady constable Kumri Anuja with them and started the joint checking of the suspected persons passing from there.

6. At about 14 O'clock two ladies were coming from the side of Nepal and these two ladies were got searched by lady constable Kumari Anuja as per rule. In search in the bag of clothes packet of Charash were found strapped on their waist. When the name of the women were asked first lady told her name Geeta Devi, from whose possession 9 packets were found in a cloth bag strapped on her waist. Second lady told her name Pramila and 9 packets were found in a cloth bag strapped on her waist. These both ladies were asked that whether they want to get themselves searched before Magistrate/Gazetted Officer, then they stated that they don't want to appear before any other officer for search, you people have caught hold them so you do the search proceeding.

7. In presence of all police personnel the packets recovered from both ladies were weigh in seperately and it was found that each packet was having the weight of 500 gram. Thus 4.5 kg. Contraband article was recovered from the each lady. Consent memo was prepared, each packets was opened and smelled, and Charas was found in them. A small quantity of Charas was taken away from each packets separately and thus specimen contraband article was taken away and it was sealed and the rest contraband article was sealed in the cloth along with the bags in which they were recovered from two ladies. Balance was brought from the place of Ramchandra Prasad to weigh in the recovered contraband article.

8. Both the ladies were told about their offence and were taken into custody and arrest memo was prepared and it was also mentioned in the recovery memo that in compliance of Section 50 (A) Cr.P.C., the family members of the accused were informed through the head quarter. The public persons who were passing from there asked to become the witness of the occurrence but they did not prepare for it. Recovery memo was got written by S.S.I., on the dictation of the complainant. Recovery memo was read over to the police personnel and lady accused and then their signature were obtained.

9. On the basis of the said recovery memo case crime no. 1751 of 2010, under section 8/20/23 N.D.P.S., Act was registered against the appella