Bala Krishna Narayana, J. - (1.) HEARD Sri P.N. Dubey, learned Counsel for the Appellants and learned A.G.A. for the State.
(2.) THE Appellants Vinay Kumar and Chandan Singh have filed this criminal appeal against the judgment and order dated 9.6.2003 passed by Special Judge, N.D.P.S. Act, Agra in Special Case No. 195 of 2002, State v. Vinay Kumar and Anr. under Section 8/20 of N.D.P.S. Act by which they have been convicted and sentenced to undergo 15 years rigorous imprisonment and fine of Rs. 1,25,000/ -each and in case of default further rigorous imprisonment of 10 years each. The prosecution case as is evident from the perusal of the FIR is that Dhirendra Singh Yadav, SHO P.S. Saiyan, Agra received information from the informer on 5.5.2002 that Vinay Kumar and Chandan Singh were carrying on the business of selling Charas with the help of an organized gang from a shop situate in Pratap Singh Market which they had taken on rent and they had procured a large quantity of Charas which they were trying to dispose of and in case prompt action is taken they may be arrested with large quantity of Charas. The said information was communicated by S.H.O. Dhirendra Singh Yadav to C.O. Khairagarh by telephone and R.T. Set and he was requested to reach Pratap Singh market and considering the fact that any further delay in reaching Pratap Singh Market may have facilitated the escape of the accused along with the illicit Charas, Dhirendra Singh Yadav along with S.I. O.P. Sagar, Constable Sushil Kumar, Constable Udairaj Singh, Constable Munnu Singh, Constable Lal Bahadur, Constable Babu Lal and Constable Shayam Singh left for Pratap Singh market by official Geep and by the time they reached Pratap Singh market C.O. Khairagarh had also arrived at the location and when the police party started moving towards the shop adjacent to the medical store in which two persons were sitting, at the pointing out of the informer, the said two persons upon seeing the approaching police party became suspicious and made an attempt to flee from the place along with the white plastic bag which was lying inside the shop but the members of the police party apprehended them after applying necessary force at about 11.00 p.m. in front of their shop. Upon being inquired the said persons gave out their names as Vinay Kumar S/o Shiv Lal and Chandan Singh S/o Shiv Lal Kushwaha. C.O. Udai Shanker requested Gyan Singh, Ram Prasad, Ram Haith and Kisan Singh who were carrying on the business of selling vegetables in the same locality to witness the search of the Appellants but they declined as a result they were searched by the Circle Officer himself in the presence of other members of the police party. The search of the Appellants lead to recovery of 21 packets of Charas from the plastic bag which the Appellants were holding, rapped in a white sheet, total weight whereof upon being measured by the weighing scale which was procured from the vegetable shop of Gyan Singh was found to be 33 kgs. Specimen seal bearing signature of S.I.O.P. Sagar was prepared on the spot, recovery memo was written by S.I.O.P. Sagar and read out to the accused by the C.O. and thereafter signed by the police personnels. The accused as well as the seized Charas were taken to P.S. Saiyan and case under Section 8/20 of N.D.P.S. Act and 2/3 of Gangster Act was registered against the accused Appellants as Crime No. 189 of 2002. The investigation was conducted by Man Bahadur Singh and C.O. Albel Singh and after completion of investigation charge sheet was filed by C.O. Albel Singh against the accused Appellants under Section 8/20 of N.D.P.S. Act in the court which was registered as Case No. 195 of 2002. The accused who were charged under Section 8/20 of N.D.P.S. Act denied the charge and claimed trial.
(3.) IN order to prove its case the prosecution examined P.W.1 Sri Udai Shanker, C.O., S.I.O.P. Sagar as P.W.2, S.I. Dhirendra Singh Yadav as P.W.3, independent witnesses Gyan Singh and Ram Prasad as P.W.4 and P.W.5., Ram Baran Singh as P.W.6, Sri Ablel Singh Dy.S.P. as P.W.7 and Man Bahadur Singh, S.O.P.W.8 who had investigated the matter and filed charge sheet.;