Hon’ble Chandra Dhari Singh, J.—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 28.4.2017, 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 6.6.2012, S.O. Hari Singh Yadav alongwith S.I. Ramesh Yadav, Station Incharge, Badhni alongwith 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. e