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