Mohammad Tahir, J. - (1.) This criminal appeal has been filed against the judgment and order dated 30.7.2004 passed by the Addl. Sessions Judge, Court No. 1, Jhansi in Special S.T. No. 80 of 2003 (State v/s. Arshad Husain) and Special S.T. No. 81 of 2003 (State v/s. Azad Khan), whereby the trial court had convicted the accused appellants Arshad Husain and Azad Khan under Sec. 22(c) of the NDPS Act and sentenced them to undergo rigorous imprisonment for 14 years and to pay fine of Rs. 1,50,000/ - each and they have been directed to undergo further rigorous imprisonment for two years in default of payment of fine.
(2.) The prosecution case, in nutshell, is this that on 29.4.2003 the police of G.R.P. Jhansi got an information through an informer that two persons and one lady are coming by Train No. 7021 Down Southern Express and are in Boggie No. S -8. They were carrying with them the huge quantity of Ganja. Sri Awadhesh Narain Singh took S.I. Shiv Sharan Singh Parihar, lady constable Aaisha Khatoon as well as the informer, when they were going towards platform No. 9 on the over bridge S.I. Dinesh Singh, Constable Subedar Pal, constable Nagesh Pandey, Constable Jai Karan, C. Brijanand and H.C. Jag Mohan, who were present there on regular checking met the police party and the S.O. also took them with him. The police personnel came to platform No. 9, Constable Jai Singh was present there on night duty. He also accompanied the police party. By that time the Southern Express had reached platform No. 9. The informer pointed out towards the accused persons in Boggie No. S -8 and had left the scene. The S.S.I. procured two public witnesses namely Mahendra Kumar and Devendra Kumar and they took personal search of one another and confirmed that none of them had any illicit article like Ganja. Thereafter the police party reached near the accused persons and found two male and one female there. After seeing the police personnel they took their hand bags and brief cases in their hand and tried to alight from the train. The police party at about 22.10 hours arrested these persons. By that time the Deputy S.P. Railways also reached there. The persons arrested by police were asked about their whereabouts. One of them told his name Arshad Hussain S/o. Ajmat Hussain and the second one told his name Azad Khan S/o. late Jamal Khan and the third one told her name Nisha Khatoon w/o Arshad Hussain. The accused persons were made aware of their right under Sec. 50 of the NDPS Act. The accused were searched in presence of Deputy S.P. Railways and from the brief case held by accused Arshad Hussain about 25 kg Ganja wrapped in a polythene was recovered. He was also carrying a bag, in which about 20 kg Ganja wrapped in a polythene was recovered. On the search of accused Azad Khan, one bag which was held by him in his right hand about 20 kg Ganja wrapped in a polythene was recovered and from another bag held by him in his left hand about 15 kg Ganja wrapped in polythene was also recovered. From the possession of Nisha Khatoon about 15 kg Ganja wrapped in a polythene was found in a hand bag held by her in her right hand and from another bag held by her in her left hand about 5 kg Ganja wrapped in polythene was also recovered. Thus, a recovery of 45 kg, 35 kg and 20 kg was made from accused Arshad Hussain, Azad Khan and Nisha Khatoon respectively. On enquiry the accused persons told that they brought this Ganja from Andhra Pradesh for selling it in Delhi, where it is sold at the rate of Rs. 1500/ - per kg while it is purchased from Andhra Pradesh at the rate of Rs. 1000/ - per kg. The total cost of recovered Ganja was Rs. Five lacs. The accused persons had no licence for carrying, sale or purchase of Ganja. Therefore, they were taken into custody. The sample of recovered Ganja was prepared and thereafter the recovered contraband Ganja and the sample were sealed separately and recovery memo (Ext. Ka.1) was prepared. It was signed by the police personnel along with the public witnesses. It was also counter signed by Virendra Kumar, the Deputy S.P. Railways and the signatures of the accused persons were also obtained on that recovery memo.
(3.) On the basis of the recovery memo (Ext. Ka.1) three cases at Case Crime Nos. 114, 115 and 116 of 2003 were registered against the accused persons and Check FIR (Ext. Ka.4) was prepared. The entry regarding registration of the case was made in the G.D. (Ext. Ka.5). During investigation the sample of recovered contraband was sent for chemical examination. The reports of the chemical examination regarding accused persons are Ext. Ka.15, Ext. Ka.16 and Ext. Ka.17. All the samples were found to be Ganja in the Chemical Examiner Report.;