AMIT KUMAR Vs. STATE

JUDGEMENT

(1.) SINCE - the above said appeals have arisen out of a common judgment and order and the controversy to be decided is also common, as such both are being disposed of by this common judgment and order.

(2.) BOTH these appeals, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (here­inafter to be referred as 'Cr.P.C.'), are di­rected against the common judgment and order dated 11/12.5.1999 passed by the Additional Sessions Judge [Uttarakhand Cases], Dehradun in Special ST No.10/97, State Vs. Amit Kumar and Special ST No. 11/97, State Vs. Gazbi, thereby con­victing and sentencing each of the appel­lant/accused u/s 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act') to undergo rig­orous imprisonment for a period of 10 years each along with fine of Rs.1,00,000/- each and in case of default in the pay­ment of fine, the defaulter was directed to undergo further two years' R.I.

(3.) IN brief, the prosecution case is that on 9.12.1996 at about 8:00 P.M., P.W.1 S.I. Sudhir Kumar along with P.W.2 Con­stable Subhash Singh and other police of­ficials checked the Roadways Bus No.UP15-7085 and on being suspicious, when the appellants/accused were checked, both of them were found carry­ing bags between their legs in which Charas was there. It was also stated that the appellants-accused were asked to be searched before a Gazetted Officer but they told the police personnel that they had faith on them and they might search them. Thereafter the scales were called and from the search of appellanVaccused Amit, 825 grams Charas and on the search of the appellant/accused Gazbi 575 grams of Charas was said to be recovered. The recovered Charas was sealed on the spot and two separate Namoonas, 20 grams each, from the respective contra­band were also prepared. Fard of recov­ery Ex.Ka-1 and Fard of scales and weigh­ing scales Ex.Ka-2 were also prepared on the spot. Along with the recovered article, the appellants-accused were taken to the Police Station, Clement Town, Dehradun where Chik FIR was prepared on the ba­sis of recovery memo on 09.12.1996 at 11:00 P.M. by H.M. Devendra Singh, that Chik FIR is Ex.Ka.11. In the same proc­ess entry was also made in the GD, car­bon copy whereof is Ex.Ka-12. Investiga­tion of this case was entrusted to PW7 S.I. L.P. Kashyap, who during the course of investigation inspected the place of occurrence and prepared the site plan of the place of occurrence, which is Ex.Ka-15. The recovered Charas was also sent for the chemical examination and the separate reports given by Joint Director, Scientific Laboratory, Agra are Ex.Ka-7 and Ka-8 respectively in respect of the appellants Amit Kumar and Gazbi. Dur­ing investigation, the I.O. recorded the statements of witnesses and on comple­tion of investigation, he filed the charge sheets against the appellant-accused Gazbi Ex.Ka-16 and against the appellant Amit Kumar Ex.Ka-17 in the court.