Jitendra Ray Goyal, J. - (1.) This appeal under section 374 of the Code of Criminal Procedure has been preferred against the judgment and order dated 22/7/2005 passed by the Special Judge, NDPS Act Cases (Sessions Judge) Jhunjhunu in Sessions Case No.83/1996 whereby accused appellants have been convicted for the offence under section 8/20 of the NDPS Act, 1985 and sentenced to undergo ten years' rigorous imprisonment and fine of Rs.1,00,000/- each, and in default of payment of fine, (2) to further undergo one year's imprisonment.
(2.) In short, the prosecution case is that on 1/1/1996 Shri Brij Mohan, SHO, Police Station Gudha (Jhunjhunu) received a secret information that two persons were sitting at Balaji stand with 'Ganja' and were in the try to sell it; acting on the information Sh. Brij Mohan, SHO, proceeded with the police party to Balaji stand where two persons as described by the informer were found; on looking the police party they tried to flee but they were caught by the police party; on asking their names, one person was identified as Pintu and another one was Vishnu Kant; Pintu was having a red coloured suitcase in his right hand likewise Vishnu Kant was having a gray coloured suitcase; on suspicion that they were having 'Ganja', they were given option for search before some gazetted officer but both the persons had given their consent for search by the SHO himself. On search in the presence of 'motbir' witnesses, it was found that both the persons were having 'Ganja' in their respective suitcases. The contraband 'Ganja' was weighed and from the possession of the appellant Pintu 3 kg. & 100 gm 'Ganja' was recovered likewise 4 kg. & 300 gm. 'Ganja' was recovered from the possession of the appellant Vishnu Kant; samples were taken out and sealed packets were prepared. Since accused persons were not (3) having any license for possession of 'Ganja' they were arrested. The samples were sent for chemical examination to the Forensic Science Laboratory. After investigation charge-sheet for the offence under section 8/20 of the NDPS Act was filed.
(3.) After filing of the charge-sheet, in turn the case came up for trial in the court of Special Judge, NDPS Act Cases (Sessions Judge), Jhunjhunu. After hearing the parties charge under section 8/20 of the NDPS Act was framed and read over to the accused appellants, who denied the same and claimed trial. In support of prosecution case ten witnesses were examined. Statements of accused appellants under section 313 of the Code of Criminal Procedure were recorded, they claimed innocence. No evidence was led in defence.;