- (1.) ALL the three aforesaid appeals i.e. [(Criminal Appeal No.1673 of 2012 -Dhanmaya @ Dhan Kumari), (Criminal Appeal No.1674 of 2012 -Dhankumari) and Criminal Appeal No.1675 of 2012 -Bhagisara)] arise out of common judgment, therefore, the same are being disposed of by a common judgment.
(2.) HEARD Sri A.P. Mishra, learned Amicus Curiae on behalf of appellant Dhanmaya @ Dhan Kumari, Sri Anil Kumar Pandey, learned Amicus Curiae on behalf of the appellant Dhankumari and Sri Anil Kumar Sharma, learned Amicus Curiae on behalf of appellant Bhagisara, learned A.G.A. for the State and perused the record.
(3.) CHALLENGE in the instant criminal appeals is the judgment and order dated 07.06.2012 passed by learned Additional Sessions Judge, Ex -cadre, Shravasti in Sessions Trial Nos.1 of 2012, 2 of 2012 and 3 of 2012, arising out of Case Crime Nos.643 of 2011, 645 of 2011 and 644 of 2011, under Section 8/20 NDPS Act, Police Station Sirsiya, District Shravasti whereby the appellants who are ladies and were residents of village Seemawaj, Ward No.6, Baijapur, Police Station Dhampur, District Bankey, State Nepal were convicted for the said offence and were sentenced to undergo rigorous imprisonment for a period of 10 years also with fine of Rs.1,00,000/ - with default stipulation of one year's additional imprisonment. Brief facts necessary for the disposal of the instant appeals are that on 18.10.2011 S.O. Ram Narayan alongwith some other members of the police party were on patrol duty and when they reached at the Rajpur turn then S.I. Qamar Islam and three others police personnel who were present there on patrol duty, also accompanied the S.O. While they were going towards the Taalabghaura then they found that three ladies were coming from "pagdandi" from the jungle and on seeing the police jeep they, leaving the pagdandi, sat by the side of the road. It raised suspicion in the mind of the S.O., therefore, he went to them and made an inquiry. On such enquiry they told that they are coming from Nepal and they are having Charas with them. On this information, they were told that they shall be searched by a Gazette Officer and their search shall be taken by the lady constable. Thereafter, with the consent of these ladies, Circle Officer of the police Sri Vijay Tripathi was called and he alongwith Homeguard Renu Mishra reached there at about 8.00 a.m. and thereafter in the presence of the Circle Officer all the three ladies were searched by Renu Mishra. On their search from their hands one bag each was recovered containing 3 kgs. of Charas in each bag which they confessed that it is Charas. The recovered quantity was weighed and its total weight was found to be 9 kgs. i.e. 3 kgs. from each of the appellants. A sample was also prepared and sealed separately. Thereafter, recovery memo was prepared. During investigation, the Investigating Officer, inspected the place of occurrence and sent the sample for chemical analysis which was reported to be Charas. After completing the investigation separate charge -sheets were filed against all the three appellants. Cases were registered against them at different crime numbers but a common chik report was prepared.;