Hon'ble Shashi Kant, J.

1. Heard Sri Hamendra Pratap Singh, learned Amicus Curiae for the appellants, learned A.G.A. for the State of U.P. and perused the record.

2. Both the above Jail appeals have been filed under Section 383 Criminal Procedure Code, 1973 (in short 'Cr.P.C.') against the judgment and orders 26.08.2014 and 27.08.2018, passed by Sri Jitendra Kumar Sinha, Additional Session Judge, Court No. 5, Maharajganj in Special Case No. 01/2012 (State vs. Smt. Seeta Gati Magar) and Special Case No. 02/2012 (Smt. Samjhana Jaisi vs. State of U.P.) arising out of Case Crime No. 930 of 2011 and Case Crime No. 931 of 2011 respectively, under Section 8/23 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the Act") Police Station Sonauli, District Maharajganj, whereby the appellants have been convicted under Section 8/23 of the Act and each appellant sentenced for rigorous imprisonment of 10 years alongwith fine of Rs. 1,00,000/-, in case of default in payment of fine, additional imprisonment for one year is also provided.

3. Since both the above criminal appeals have been preferred by the respective appellants against the common judgment and order of conviction and sentence. Hence, both the appeals have been heard together and are being decided by this common judgment.

4. Brief facts relating to the above appeals, as appear from the record are that:

4.1. On 23.10.2011 Sub Inspector Ram Shabd Verma P.W.1 along with Constable Lakhi Chand was patrolling in Kasba Sonauli in view of the ensuing Deepawali Festival. He received information from the informer that few people carrying illegal goods were coming to Sonauli from Nepal. On proper checking they may be apprehended.

4.2. After receipt of above information, a search operation for checking the persons coming from Nepal was started at India-Nepal Seema gate. P.W.1 had also taken with him S.I. Satey Singh, Head Constable Hukum Singh, Constable Rohit Kumar, lady Constables Jahan Aara Khan and Devi Shahi, all from the S.S.B. deputed on security duty. During search operation they saw two ladies coming from Nepal, along with their children, looking the search operation, all of sudden they returned back, on suspicion they had been intercepted and interrogated about their names, addresses and reasons for their sudden return. In response they told their names Seeta Gati Magar, w/o Pooran Singh, village, post and Police Station Nisi, District Bangulung, Nepal and Smt. Samjhana Jaisi w/o Gore Jaisi, Vorgaon, Ward No.7, Post and Police Station Vorgaon, District Bangulung, Nepal. They also told that they were carrying charas wrapped in cloth, tied up to their waists.

4.3. They were informed that as they were carrying charas, therefore, they will be searched before the Gazetted Officer or Magistrate. On it both the above ladies told individually and jointly that they had told true facts and expressed their willingness to be searched by the lady Constables present with the police. They also gave there written consent (Exhibits Ka- 2 and Ka-3) to that effect.

4.4. On their concurrence, Smt. Sita Gati Magar was searched by lady Constable Jahan Aara Khan. In the above search, seven packets of charas were recovered from the black cloth tied up to her waist which was weighed from the weighing scale and weights brought by Constable Lakhi Chand, weight of above recovered charas was found 5 k.gs. The other lady Smt. Samjhana Jaisi was searched by lady Constable Devi Shahi and in her search seven packets of charas from the black cloth tied up to waist was also recovered on being weighed, the weight of above charas was also found 5 k.gs. Both the ladies could not show any authority to keep and carry the above charas with them and repeatedly sought pardon for their offence. After telling them reasons of their arrest, they were taken into custody at 7:45