AMARESHWAR SAHAY,J. - (1.) BOTH the above -mentioned criminal appeals arise out of the same impugned judgment, and, as such, both the appeals were taken up and heard together and are being disposed of by this common judgment.
(2.) BOTH the appellants were charged and tried for committing the offence punishable under Section 20 of the N.D.P.S. Act. Against the appellant Anil Kumar of Cr. Appeal No. 238/2004 it is alleged that he was found having unlawful possession of 25 purias of 'Ganja' whereas the appellant Sakil Ahmad of Cr. Appeal No. 588/2004 was found having unlawful possession of 4 purias of 'Heroine'. The learned Special Judge, under the N.D.P.S. Act by the impugned judgment dated 16/01/2004, convicted both the appellants for the offence punishable under Section 20 of the N.D.P.S. Act. The appellant Anil Kumar has been sentenced to undergo R.I. for a period of four years and to pay a fine of Rs. 25,000/ - in default to undergo R.I. for a further period of one year. Appellant Sakil Ahmad has been sentenced to undergo R.I. for a period of 12 years and to pay a fine of Rs. 1,00,000/ -(one lakh) in default to undergo R.I. for a further period of three years. In short, the prosecution case is that the informant Alok Kumar (PW -6), Officer -in -Charge, Daltonganj (Town) police station with Ramadhar Singh, A.S.I. (PW -4) and others while in investigation in another case namely, Sadar (Town) P.S. Case No. 105/2000, saw three persons in the lane in between Emergency Ward and Female Ward of Sadar Hospital, Daltonganj, who took to heels towards Kund Mohalla. One of the persons, who were arrested, disclosed his name to Sakil Ahmad, (the appellant in Cr. Appeal No. 588/2004). On search, four purias of 'Heroine' was recovered from his right pocket of his fullpant in presence of Bijay Kumar Ram (PW -1) and one Sanjay Kumar. The same was seized vide seizure list (Ext. -4).Further case of the prosecution is that in course of investigation the informant saw a crowd near Gumti shop at village Sudana. The crowd also took to heels but one of them was arrested, who disclosed his name to be Anil Kumar, (the appellant in Cr. Appeal No. 238/2004). On his search, 25 purias of 'Ganja' was recovered from his right pocket of his fullpant in present of Sanjay Kumar (PW -2) and Md. Azad (PW -3). The same was seized vide seizure list (Ext. -4/1). Both the arrested persons could not give satisfactory explanation of the possession of the 'Heroine' and 'Ganja'.
(3.) IN course of trial altogether six witnesses were examined on behalf of the prosecution to establish the charges against the accused persons.;