JUDGMENT :

1. This Criminal Appeal has been filed assailing the judgment and order dated 22.09.2017 passed by Addl. Sessions Judge, Court No. 6, Basti in Special Case No. 12 of 2015 by which, the appellants have been convicted and sentenced under Sections 8/22 of Narcotic Drugs and Psychotropic Substance Act, (hereinafter referred to as the ‘NDPS Act’) to undergo 12 years rigorous imprisonment with a fine of Rs. 1,25,000/-each with default stipulations, inter-alia on the grounds that there is no independent/public witness; there is non compliance of Section 50, 52, 54 and 57 of the Act, the raid in the present case is said to have taken place on 25.12. 2014 and as per the evidence, the sample was seized on 26.12.2014 which creates doubt on the prosecution version; the recovery memo/Fard prepared by the Head Constable-Manoj Pandey, but he has not come in the witness box, that although the appellants are alleged to have been arrested at Footwahiya Tiraha near Police Station, Nagar district, Basti, but neither the tickets, bus number nor any statement of either Conductor or Driver of the Bus was recorded; there is no evidence that the seized article was kept in Malkhana in safe custody, no information was given to the higher Authorities about the recovery, that moreover, Footwahia tiraha is not a Bus stop, that there is no compliance of Section 100 and 165 Cr.P.C., that sample of the substance was sent for examination on 9.1.2016, but there is no evidence about its safe custody; that there is no evidence as to when the sample was withdrawn from Malkhana and when the same was sent for examination; that there is no entry in the GD; that the seized sample of substance was not produced in the Court, that the prosecution has failed to prove its case beyond reasonable doubt and that the sentence is too severe.

2. On the aforesaid grounds, the impugned judgment and order has been challenged.

3. Briefly stating the prosecution story is that on the information given by police informer/mukhbir, on 25.12.2014, that on Government Bus coming from Badhani to Basti, big quantity of charas is being transported for its supply in western U.P. and Haryana, Panipat and Sonipat districts; on this information, S.I. Sandeep Mishra along with S.I. Vivek Sharma, Head Constable Manoj Pandey, Constable Shailendra Nath Yadav reached Footwahia tiraha and after parking the vehicle of the police party, tried to get witnesses, but none became ready to give evidence, and at about 16.40 hours one Bus came and stopped at Footwahia tiraha and two persons namely Mohd. Shahid Ahmad and Ameerudding(minor) came down from the Bus and another person Badruddin handed over a plastic bag to the appellant; the police party raided and caught hold the appellants; that after completing formalities as is required under the provisions of N.D.P.S Act, that the appellants were told that search is to be made before a Gazetted Officer or the Magistrate, but the appellants replied that when you have arrested us, they do not want to give search before the Officer or the Magistrate; that on search of Baduruddin-appellant besides white plastic bag, a sum of Rs. 1030/-and some old papers along with one old ticket from Panipat junction to Basti were recovered and from the pocket of appellant-Mohd. Shahid, one black money purse, containing voter ID card, ATM card of Punjab National Bank, one pan Car along with Rs. 520/-were recovered; that from the pocket of jacket, pass book of Punjab National Bank, SBI, PNP Pass Book, and Pass book were recovered; that from the search of third person namely Ameeruddin @ Qamaruddin, besides plastic bag and Voter ID, ATM Card of Punjab National Bank along with Rs. 250/-were recovered ; that the police party opened the plastic bag and found therein 16 packets covered from tap which was said to be charas by the appellants and the weight of all 16 packets was 16 Kg-150 grams; that the police party collected the sample of 100 grams of recovered substance and seale