AMARESH KUMAR SINGH,J. - (1.) ALL the four appeals Filed by Jagdish Chandra, Shankarpuri, Bhima and Mahendra Kumar arise from the same judgment dated 22nd July, 1996 passed by the learned Special Judge, N.D.P.S. Act Cases. Raj Samand in Sessions Case No. 30/92, State v. Shankerpuri and others. It is, there­fore just and proper that all the four ap­peals should be decided together by a com­mon judgment.
(2.) IN Sessions Case No. 30/92, State v. Shankerpuri and others, Shankerpuri was charged under Section 8 read with 18 of the N.D.P.S. Act, Mahendra Kumar was charged under Section 8 read with 20 of the N.D.P.S. Act. Jagdish Chandra was charged under Section 18 read with 29 of the N.D.P.S. Act and Bhima was charged under Section 8 read with 20 of the N.D.P.S. Act. All the accused persons pleaded not guilty to the charge, therefore, they were tried by the learned Special Judge, N.D.P.S. Act Cases, Raj Samand. After, conducting trial the learned Special Judge convicted appellant Shankerpuri under Section 8 read with 18 of the N.D.P.S. Act and sentenced him to under­go rigorous imprisonment for 10 years and to pay a fine of. Rs. 1 lakh and to further under go rigorous imprisonment for 2 years for default in payment of fine. Appel­lant Bhima was convicted under Section 8 read with 20 of the N.D.P.S, Act and he was sentenced to undergo rigorous imprison­ment for 3 years and to pay a fine of Rs. 5,000 and to further undergo rigorous im­prisonment for 6 months for default in payment of fine. Appellant Mahendra Kumar was convicted under Section 8 read with 20 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprison­ment for 3 years and to pay a fine of Rs. 5,000 and to further undergo rigorous imprisonment for 6 months for default in payment fine. Appellant Jagdish Chandra was convicted under Section 18 read with 29 of the N.D.P.S, Act and he was sen­tenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1 lakh and to further undergo rigorous imprison­ment for 2 years for default in payment of fine. Appellant Jagdish Chandra was fur­ther convicted under Section 20 read with 29 of the N.D.P.S. Act and he was sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 5,000and to undergo rigorous imprisonment for 6 months for default in payment of fine. Feeling aggrieved by the conviction as well as the sentence, Shankerpuri, Bhima, Mahendra Kumar and Jagdish Chandra has filed, therefore, appeals. The prosecution case may be brief­ly summarised as below:- "On 13th September, 1990, Station House Officer of the Police Station, Rajnagar received an information from a Mulchbir that on the preceding night a person named Shanker­puri had gone to the house of Jagdish Chandra Paliwal with opium and Mahendra Kumar as well as Bhima Rewari had gone to the house of Jagdish Chandra for the purpose of purchasing opium and that Jagdish Chandra used to keep opium, hemp and Ganja in his possession for the purpose of selling to others. On receiving aforesaid information the Station House Of­ficer of the Police Station Rajnagar went to the house of Jagdish Chandra with Police Officers and Mortbirs. In presence of the Mortbirs Premgiri and Hiralal a search of the house of Jagdish Chandra was conducted. In a room situated on the first floor Shankerpuri handed over 2 packets which was placed in 2 polythene bags. Mahendra Kumar produced Ganja which was contained in "pudia" and Bhima Rewari produced hemp which was placed in a bundle. These articles were seized by the Station House Officer who conducted the search. Samples were taken from opium, hemp and ganja and the samples as well as the remaining goods were sealed at the spot. A memo of search and site plan were prepared. Shankerpuri, Bhima, Mahendra Kumar and Jagdish Chandra were arrested vide arrest memo Ex. P-3 to Ex. P-6 and the First Information Report Ex. P-10 was lodged at the Police Station. After conducting investigation a challan was submitted in the Court of learned Special Judge, N.D.P.S. Act Cases, Raj Samand. All the four accused-appel­lants were charged as mentioned above. They pleaded not guilty to the charged, hence a trial was commenced. During trial the prosecution examined Hiralal (PW-1), Premgiri (PW-2), Brijesh Kumar (PW-3), Udai Singh (PW-4), Jagdish Chandra (PW-5), Mahendra Singh (PW-6), Gopal Singh (PW-7). Bhim Singh (PW-8) and Chetan Prakash (PW-9) in support of the prosecution case. The accused-appellants were examined under Section 313 of the Criminal Procedure Code. No evidence was produced in defence."
(3.) MOTBIR witnesses Hiralal (PW-1) and Premgiri (PW-21 as well as Brijesh Kumar (PW-3) died not support the prosecution story Udai Singh, A.S.I. (PW-4), Jagdish Chandra (PW-5), Mahendra Kumar (PW-6) and Chetan Prakash (PW-9) supported the prosecution version. These witnesses are the employees of the Police Department. Bhim Singh (PW-8) was examined for proving that a samples were deposited in the Forensic Science Laboratory Jaipur. Bhim Singh (PW-8) has deposed that he obtained 4 packets from the Malkhana In-charge and deposited them at the Forensic Science Laboratory, Jaipur.;