Siddharth, J.

Sri Manu Sharma and Sri. D.K. Pandey, learned counsel for the appellant have been heard in Jail Appeal No. 1706 of 2015 and Sri. Radhey Shyam Yadav, learned Amicus Curiae has been heard in Jail Appeal No. 1707 of 2015 and Sri. Ashwani Yadav, learned A.G.A has been heard for the State.

2. This Jail Appeal is directed against the judgment and order dated 12.3.2015 passed by Additional District and Sessions Judge, Court No. 1, Maharajganj in Special Case No. 61 of 2011 (State v. Dil Kumari) registered as Case Crime No. 835 of 2011, under Section 8/23 N.D.P.S. Act, Police Station Sonauli, District Maharajganj and Special Case No. 62 of 2011 (State v. Rajendra Pun Magar) registered Case Crime No. 836 of 2011, under Section 8/23 N.D.P.S. Act, Police Station Sonauli, District Maharajganj.

3. The brief facts of the case are that on 17.9.2011, Sub-Inspector Ramshabad Verma, Constable Harish Shukla and Constable Deva Prasad got information that some people are coming to Sonauli with Charas and if proper checking is done, they can be apprehended. Accordingly, joint team was constituted and they found one woman with a child in a lap and another a man going back aft