RIZWAN KHAN Vs. STATE OF C G

JUDGEMENT

(1.) Since all the three appeals are preferred against the same judgment, they are heard analogously and are being disposed of by this common judgment.

(2.) These appeals are preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 31.08.2012 passed by Special Judge, NDPS, Raipur (C.G.) in Special Criminal Case No. 20/2012, wherein the said court convicted appellants - Rizwan Khan & Pukhraj for commission of offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short "the NDPS Act") and sentenced to R.I. for 5 years and fine of Rs. 25,000/- each with further default stipulations and convicted appellant- Rakesh Kumar for commission of offence under Section 20(b)(ii)(C) of the NDPS Act and sentenced to R.I. for 10 years and fine of Rs. 1,00,000/- with further default stipulations.

(3.) As per the prosecution case, Assistant Sub-Inspector (ASI) J.K.Sen (PW-4) was posted at police station- Gudhiyari, Raipur (C.G.) and on receiving information on 26.04.2012 at 14:40 p.m. that all the appellants are in possession of contraband article ganja illegally for sale, investigating officer along with police personnels and other witnesses arrived at the spot near Prince Dhaba, Gogaon and seized about 20 Kg. contraband from appellant- Rizwan, 20 Kg. contraband from appellant- Pukhraj and 46 Kg. contraband from appellantRakesh Kumar. Matter was investigated and all the appellants were charge-sheeted and after trial, they were convicted as mentioned above.