Bhanwaroo Khan, J. - (1.) Since all the three criminal appeal filed individually by appellant Babu Lal, Ganga Singh and Banshi Lal arise out of the common judgment dated 26.9.2002 passed by the Special Judge, NDPS Act Cases, Jaipur, the same are being disposed of by this common judgment.
(2.) Briefly narrated the facts of the case are that on being received a secrete information by the Inspector, Narcotic Bureau, who informed about the same to Superintendent Vijay Singh and after writing down the said information and transmitting the same to the higher authorities, he proceeded to lay a raid on 11.3.2001 and as per the information the bus bearing No. RJ-13-P- 2114 which was coming from Jaipur and was going to Ganganagar was got stopped by the Inspector. The conductor and the driver of the bus were informed about the information and search was given by the Inspector to them. In the bus the three accused appellants were found in suspecious circumstances. Hence they were deboarded and were inquired into. They disclosed their names as Ganga Singh, Banshi Lal and Babu Lal. An information under Section 50 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') was given to each of them and they agreed for their search. On search from the possession of appellant Babu Lal tickets of all the three persons were recovered, from the possession of appellant Banshi Lal a bag containing clothes of all the three persons was recovered and from the bottom of the shoes of Ganga Singh a plastic bag having 270 grams of heroin was recovered. Two samples of 5 grams each were taken which were sealed at the spot and the rest of the heroin was also sealed separately. Marks A, A1 and A2 were put on the packets. Statement of appellant Ganga Singh, Banshi Lal and Babu Lal under Section 67 of the Act were recorded and thereafter all the three accused appellants were arrested. A case under the provisions of the NDPS Act was registered against the three appellants. The samples of the heroin were sent for the chemical examination to the FSL and as per the chemical examination report the heroin recovered from the appellant Ganga Singh found to contain 9.54% morphine. After investigation complainant Shri Rakesh Bhargava, Inspector, Central Narcotic Bureau, Jaipur filed a complaint for the offence under Section 8/21 of the Act before the trial court.
(3.) On the basis of the material and evidence collected by the prosecution during investigation of the case, the learned trial court framed charge against the appellant Ganga Singh under Sections 8/21 and 8/29 and against the appellants Babu Lal and Banshi Lal under Section 8/29 of the Act to which they denied, pleaded not guilty and claimed trial.;