JUDGMENT : Heard Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae and Mr. C. Zoramchhana, learned Public Prosecutor for the State. 2. This is a jail appeal submitted by the appellant against the order dated 06.08.2019 in the Order-sheet of the Trial Court in Criminal Trial (Ex No.354/2019 Reference Excise C. No. N-163/2019 dated 13.06.2019. 3. Brief facts of the case is that on 13.06.2019 at 6:20 am 68 grams of yellowish powder suspected to be Heroin kept in five soap cases was seized by S.I. C. Lalbiaktluanga and arrested the appellant/Lalrinawmi (37), D/o Lallianchhunga of Zotlang, Champhai District, Mizoram. The seizure officer made a report of the seizure and arrested of the accused, the case was registered as Ex.-N-163/2019 dated 13.06.2019 under section 21 (b) ND&PS Act. 1985 and the case was endorsed to Sub Inspector F. Zothanzuala for investigation. 4. During the investigation the accused was interrogated and she admitted that she had gone to Myanmar on 11.06.2019 to buy the said Heroin which is packed in 5 soap cases and on her way to Rangvamual to hand over the said heroin to one person name MC-a she was apprehended by S.I. C. Lalbiaktluanga of Excise & Narcotics. 5. The seized article are weight, sealed and packed in the presence of civilian witnesses, samples of the seized article was drawn before the Judicial Magistrate First Class (JMFC) Mr. V. Vanlalhriata, District Court, Aizawl on 13.06.2019. The Assistant Director, Forensic Science Laboratory in its examination report dated 20th June, 2019 informed that the seized articles was Heroin (No.4). Thereafter, finding a prima facie case against the accused u/s 21(b) ND & PS Act, the charge sheet was submitted by the case I/O on 5.7.2019 and the matter was taken up for trial before the Judge, ND & PS Court. 6. Meanwhile, the appellant/accused was remanded under judicial custody. On 06.08.2019, when she was produced in the court, she was given an advocate for a Defence counsel under section 304 Cr.P.C. On 06.08.2019 itself, the charge under section 21(b) of ND & PS Act was framed and read over and explained to the accused to which the accused pleaded not guilty and claim for trial. Trial was to proceed and 03.09.2019 was fixed for prosecution evidence by issuing summon to PW No.1. 7. Aggrieved by this order dated 6.8.2019 the appellant’s has filed the appeal petition from jail. 8. Trial was to proceed and 03.09.2019 was fixed for prosecution evidence by issuing summon to PW No.1. 7. Aggrieved by this order dated 6.8.2019 the appellant’s has filed the appeal petition from jail. 8. The learned Amicus Curiae submits that this is a jail appeal and the appeal is against the above order dated 06.08.2019 which actually is a non-appealable order, since the trial against the accused is yet to commence. 9. The learned Public Prosecutor also submits that this appeal made from the jail is a non-appealable order under section 372 Cr.P.C. 10. From the submissions of both the counsels and on peruse of the nature of appeal made by the appellant, wherein she has appeal against the order dated 06.08.2019, it is seen that the order pertains to the consideration of charge u/s 21(b) ND & PS Act to which she has pleaded not guilty. The learned Trial Court has then taken steps to commence the trial against the accused by issuing summons to the prosecution witness, therefore this appeal petition is found to be pre-mature with no basis made out for filing the appeal petition against the order dated 6.08.2019. 11. Thus, in view of section 372 Cr.P.C. which mentions the judgment & orders against which an appeal can be filed, it is seen that this appeal petition which is pre-mature cannot be considered and I am of the considered view that it may be dismissed outright. 12. For the above reasons, Criminal Trial No. 50/2019 is dismissed and accordingly stands disposed of. 14. In appreciation of the assistance provided by Mr. Samuel Vanlalhriata Chhangte, the learned Amicus Curiae his fee is fixed at Rs.7,500/-(Rupees seven thousand five hundred) only to be paid by the Mizoram State Legal Services Authority on production of the copy of this Order.