- (1.) Both the appeals arises out of the judgment dated 24-1-2003 passed by the learned Special Judge, NDPS Cases, Gangapur City, Distt. Sawai Madhopur and as such they are being decided by this common order.
(2.) These appeals have been filed by accused Ramavtar. Shambhulal and Mukesh against the judgment dated 24-1-2003 passed by the Special Judge, NDPS Cases, Gangapur City, Distt., Sawai Madhopur in State Case No. 3/2003 (38/2001) whereby they have been convicted and sentenced as under: (a) under Section 8/20(b)(2-c) of the NDPS Act, 1985 and sentenced for 10 years R.I., and fine of Rs. one lac, in default of which to further undergo two years and six months R.I., (b) under Section 8/20(B) (2-a) of the Act. and sentenced for 6 months R.I. Both the sentences were ordered to run concurrently.
(3.) The case of the prosecution is that on 14-6-2001, at about 9.15 a.m., one Jainarain Constable telephonically informed Police Station GRP, Gangapur City that while he was petrolling in Avadh Express Train, he found three suspicious persons in the General Coach. Further, he stated that he has a strong suspicion that the persons are in possession of narcotics substance. Therefore, he requested to take necessary action. The said information was recorded and the superior officers were informed accordingly. Thereafter, the police party with full preparation for investigation, reached the place, as informed by the constable. The witnesses were called for conducting a search of the suspicious persons. Thereupon, search of all the three persons was conducted and it was found that accused Mukesh and Shamboo were in possession of Charas in their bags. All the accused persons failed to produce any licence for possessing Charas. The total weight of Charas found in the bag was 1 kg. Further, contraband was found from the person of co-accused Mukesh and Shambhoo which weighed 5 grams each. The-samples were taken and they were sealed. During search of Mukesh, 6 railway tickets from Sawai Madhopur to Bayana and from Bayana to Sawai Madhopur were also found in his pocket. The accused were then arrested and a case under Section 8/20 of the NDPS Act was registered. On conclusion of investigation, the police submitted a charge-sheet against the accused persons for the offences under Section 8/20 of the NDPS Act, On the case having been committed, the learned trial Court framed charges against the accused persons for the aforesaid offences which they had denied and claimed for trial. The prosecution produced 9 witnesses and got exhibited 37 documents which were collected during the course of investigation. Subsequently, the statements of the accused persons were recorded under Section 313, Code of Criminal Procedure. wherein the accused persons denied the prosecution case. On conclusion of trial, the learned Court below convicted and sentenced the accused persons as aforementioned.;