Hon'ble Ifaqat Ali Khan,J.

1. This Jail Appeal is preferred by Kedar Mukhiya, through Jailer, District-Jail, Siddharthnagar, against the judgement and order dated 08.06.2017 passed by Additional District and Session Judge / FTC 2 Siddharth Nagar, in special Case No. 23 of 2011, State of Uttar Pradesh vs. Kedar Mukhiya, arising out of crime no. 436 of 2011, under section 8/20 N.D.P.S. Act, Police Station- Dumariya Ganj, District- Siddharth Nagar.

2. Vide this impugned judgement and order dated 08.06.2017, accused-appellant Kedar Mukhiya is convicted under section 20 (b) (ii) (c) N.D.P.S. Act and is punished with the sentence of the rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- in default of payment of fine, he will undergo the additional simple imprisonment for 6 months.

3. This appeal is preferred on the grounds that the impugned judgement and order dated 08.06.2017 is passed against the fact and law, it is misconceived and malafide. Learned lower Court has passed this judgement without applying his judicial mind. The provisions of section 50, 52, 57 and 42 of the N.D.P.S., Act have not been complied with. Copy of the recovery memo was not given to the accused-appellant. In the recovery memo it is mentioned that the alleged recovered Charas is weighed-in by the balance and the figure of the weight is as such which can be delivered only through the electronic weighing scale, FIR is after-thought and is lodged after undue delay. There is no public witness of the occurrence and there is major contradictions in the statement of the witnesses. Applicant is falsely implicated in this case, therefore, the impugned judgement dated 06.08.2017, passed by the lower Court is liable to be set aside and the accused-appellant is entitled for acquital from the charge framed under section 20 (b) (II) (c) N.D.P.S. Act.

4. In the nutshell the prosecutions case is that on 07.06.2011 at 19:50 O'clock, complainant S.O. Pankaj Kumar along with other police personnel was patrolling in town Dumariyaganj. He got the information from the informer that a gang which is involved in selling of the contraband intoxicant substance and some ladies are also its member, is trying to reach Lucknow from Nepal via Krishna Nagar Burni Border, Dumariya Ganj Vewa crossing taking heavy quantity of Charas with them. Believing on this information, complainant informed about it through phone to C.O. Dumariya Ganj Sri Virendra Kumar Yadav and S.D.M., Dumariya Ganj Sri Jalrajan Chaudhary. Complainant also asked the Station Officer of Mahila Police station to provide lady constables after that complainant came back to police station and made the entry of his departure from police station in G.D. No. 36 at 21:20 O'clock, then complainant along with S.I. Brijesh Kumar Singh, constable Ashtbhuja Tiwari, constable Triveni Yadav and lady constable Vidya Singh reached at Vewa Tiraha along with informer. They hide their government jeep in the side of Petrol pump. Constable Amarnath and constable Satya Narayan Yadav also reached there and complainant took them also with him. At about 22:30 p.m. a roadways bus reached there from the side of Dumariya Ganj and it stopped at crossing then one man and 3 ladies having bag in their hands alighted from the bus. Informer pointed out towards them then the police party tried to stopped them. Seeing the police personnel they tried to run away but the police party apprehended them. Their name were asked. They told their name Kedar Mukhiya, Smt. Kusum Devi, Kumari Savita and Smt. Madhuri Devi. When they were put to this question that what is there in bags holding in their hands then all the four persons told that they have Charas in their bags then police party told them that it is their right that they can get themself searched in presence of Gazetted Officer / Magistrate. Then all the four persons said that when you people have apprehended us then you take their search.

5. At this stage all the police personnel took