(1.) Appellant Heera Bahadur, by way of present appeal, is assailing the judgment and order dated 04.03.2011 passed by 6th Additional Sessions Judge / Special Judge, NDPS Act, Haridwar in Special Sessions Trial No. 32 of 2010 whereby appellant was found guilty for the offence punishable under Section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and was sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/- (Rupees One Lakh) and in default of payment of fine, to further undergo additional imprisonment for one year and appellant Dhan Kumari, by way of present appeal, is assailing the judgment and order dated 04.03.2011 passed by 6th
Additional Sessions Judge / Special Judge, NDPS Act,
Haridwar in Special Sessions Trial No. 33 of 2010 whereby she was found guilty for the offence punishable under Section 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and was sentenced to undergo 10 years rigorous imprisonment and to pay fine of Rs. 1,00,000/- (Rupees One Lakh), and in default of payment of fine, to further undergo additional imprisonment for one year. Since in both the appeals, FIR is the same and evidence is same, therefore, both the appeals are being taken up together and are being disposed of by this common judgment.
(2.) Since both appeals are arising out of same incident and all the facts and circumstances are identical in both the matters, therefore, both the appeal are being disposed of by this common judgment. Since facts of both the cases are identical, therefore, facts of CRJA No. 16 of 2011, are being mentioned for disposal of both the appeals.
(3.) Brief facts of the present case, inter alia, are that SHO PS Gori Shankar, Haridwar Uttam Singh Jimwal, Sub Inspector Jaswant Singh, Head Constable Harpal Singh, lady Constable Tara Goswami along with other police personnel were on patrolling duty on Haridwar Nazibabad Road; at about 01.35 p.m. near 4.2 diversion post PW 5 signalled a bus bearing No. UP 25 T 9665 to stop; the moment bus came to halt, police personnel for the purpose of checking boarded into the bus; having seen the police party appellants started behaving abnormally; and both of them stood up in order to come out from the bus, however, both of them were detained and asked as to why they were behaving abnormally, on this appellants told the police personnel that both of them were carrying charas; on this, police personnel told the appellants about their legal rights that they could be searched before a Gazetted Officer or Magistrate, however, both of them told the police personnel that they had complete trust on the police party, therefore, they could be checked by police party itself; having obtained the consent of the appellants, search was conducted; appellant Heera Bahadur was found in possession of DOKA (a hand knitted bag made up of green leaves) whereas appellant Dhan Kumari was found in possession of a green colour bag; on opening of DOKA, appellant Heera Bahadur was found carrying 14.500 kg of charas, Dhan Kumari was found having 9.500 kg of charas in the green bag; thereafter, both of them were formally arrested and weighing scale was called for and thereafter, charas was weighed, it was found of aforesaid quantities. After weighing the contraband, contrabands were kept in the respective DOKA and bag; DOKA and bag were kept in two separate white colour seal covers; Uttam Singh Jimwal PW5, thereafter, has affixed his own seal and signature on the seal cover and sample seal was also prepared on the spot; copy of the seizure memo and arrest memo were handed to the appellants, thereafter, police party along with appellants and contrabands came to the police station and soon thereafter, a check FIR was got registered at 03.45 p.m. with police station Gauri Shankar, Kumbh Mela, Haridwar. Initially, investigation was handed over to PW 8 Kamal Ram Arya on 20.01.2010 itself, however, later on, it was handed over to Sub Inspector Pradeep Chauhan PW7. Having investigated the matter, PW7 had filed two different charge-sheets against the appellants. Special S.T. No. 32 of 2010 was registered against the appellant Heera Bahadur while Special ST No. 33 of 2010 was registered against the appellant Dhan Kumari. Both the trials were heard and decided by 6th Additional Sessions Judge / Special Judge (NDPS Act), Haridwar and were decided by two separate judgments.;