- (1.) The present criminal appeals have been preferred against the judgment and order dated 6.12.2008 passed by Additional Sessions Judge, Court No.3, Jhansi in Special Case No.68 of 1998, Case Crime No.632 of 1998, Special Case No.67 of 1998, Case Crime No.631 of 1998 and Special Case No.66 of 1998, Case Crime No.630 of 1998, under Section 8/20 N.D.P.S. Act, Police Station Nawabad, District Jhansi, convicting and sentencing the appellants for 12 years R.I. with fine of Rs.1,00,000/- each for the offence under Section 8/18(B) N.D.P.S. Act, in default of payment of fine, six months additional rigorous imprisonment.
(2.) Since all the appeals arise out of a common judgment and order passed by the trial Court, hence, all the three criminal appeals are being decided by this common judgment.
(3.) The prosecution case in brief is that an FIR was lodged by the informant-Radhey Muni Yadav, Sub Inspector, Police Station Nawabad, District Jhansi on 30.4.1998 stating therein that when he was posted at the police station Nawabad, he received an information on telephone at 12.30 a.m. in the night from Constable Muin Ullah and Constable Jai Ram Singh who were on picket duty in the night at the said police station, who informed him that one man and three women after having alighted from a Roadways Bus are sitting in Musafirkhana in the dark and further an information was also received from an informer that the said persons are indulged in illegal business of opium. On the interrogation made by the said Constables of the said four persons,they feared and were giving some allurement to the said police personnel for letting them to go but the said two Constables had detained the said four persons. On receiving the said information, the informant Radhey Muni Yadav, Sub Inspector, along with Constable Gaya Prasad reached at the bus stand and saw that Constable Muin Ullah and Constable Jai Ram Singh had detained one male person and three female. Thereafter the informant interrogated them and one of the woman disclosed her name as 'Shanti Bai', the second one disclosed her name as 'Banasi Bai' and third one disclosed her name as 'Kamla Bai' and male person disclosed his name as Ram Kishan. All the four accused persons stated that they are indulged in the business of Opium and they are in possession of the same.;