- (1.) Since the two appeals No. 959/2005 and No. 913/2005 filed by (a) Hussain Mohd. @ Bachha S/o Mehmood Khan by (b) Kaleem @ Kallu @ Dedhu S/o Abdul Razak and Tanvir @ Bunty S/o Tokeer Ahmed respectively arise out of a common judgment dated 5.9.2005 passed by learned Special Judge, N.D.P.S. Cases, Baran in case No. 136/2001, hence are being decided by a common order. Appellant Hussain Mohd. @ Bachha has been convicted for offences under Section 8/ 21, 8/ 25 and 8/ 29 of the Narcotic Drugs and Psychotropic Substances Act, (hereinafter referred to as "the Act") and 5/180 of the Motor Vehicles Act; whereas accused/appellants (i) Tanvir @ Bunty and (ii) Kaleem @ Kallu @ Dedhu have been convicted for offences under Section 8/ 21 and 8/ 29 of the Act. The appellants were sentenced as under: (a) Hussain Mohammad 2 Bachha: (i) Ten years' Rigorous imprisonment and a fine of Rs. 1,00,000/-, in default where of two further undergo rigorous imprisonment of one year for the offence under Section 8/ 21 of the Act. (ii) Ten years' Rigorous imprisonment and a fine of Rs. 1,00,000/-, in default whereof two further undergo rigorous imprisonment of one year for the offence under Section 8/ 25 of the Act. (iii) Ten years' Rigorous imprisonment and a fine of Rs. 1,00,000/-, in default whereof to further undergo rigorous imprisonment of one year for the offence under Section 8/ 29 of the Act. (b) Tanveer @ Bunty: (i) Ten years' Rigorous imprisonment and a fine of Rs. 1,00,000/-, in default where of two further undergo rigorous imprisonment of one year for the offence under Section 8/ 21 & 8/ 29 of the Act. (c) Kaleem @ Kallu @ Dedhu: (ii) Ten years' Rigorous imprisonment and a fine of Rs. 1,00,000/-, in default where of two further undergo rigorous imprisonment of one year for the offence under Section 8/ 21 & 8/ 29 of the Act.
(2.) At the outset, challan was filed against six accused persons including the present appellants. However, the other three accused namely Pintu @ Jhandi, Abdul Shakur @ Guddu & Abdul Hakim @ Abdullah, although convicted for the offences under Sections 8/ 21 and 8/ 29 of the Act, are not before us.
(3.) The facts as culld out by the prosecution are that on receipt of a message from the Circle Officer of the area, PW-9 Bhim Singh Beeka, the then S.H.O. Police Station Kotwali Baran, left the police station along with his police party at about 11.30 p.m. on 4.8.2003 for surveillance duty of checking the vehicles on the high-way.;