DAL BAHADUR S/O SHER BAHADUR,; ARIF KHAN S/O YUSUF KHAN @ RAEES KHAN AND BHAWANI CHANDRA S/O BAHADUR CHANDRA Vs. STATE

JUDGEMENT

(1.) These are the three appeals arising out of a common judgment passed by the Addl. Sessions Judge/1st Fast Track Court, Rudrapur, Udham Singh Nagar in Special Sessions Trial Nos. 40/2002 State v. Dal Bahadur S/o Sher Bahadur; 37/2002 State v. Arif Khan S/o Yusuf Khan @ Raees Khan & 39/2002 State v. Bhawani Chandra S/o Sri Bahadur Chandra. Vide the aforesaid judgment dated 15/11/2003, the learned Addl. Sessions Judge/1st Fast Track Court has convicted all the accused-appellants under Sections 18/20 of the N.D.P.S. Act and sentenced them to undergo RI for ten years and also imposed fine of Rs. 1 lakh upon each of the accused-appellants. The learned Addl. Sessions Judge further directed that in default of payment of fine, the appellants would further undergo imprisonment for one year. Now, since these appeals have arisen out of a common judgment, as such, I am disposing of these appeals collectively by this common judgment.

(2.) The case of the prosecution, in brief, is that on 25/11/2001, S.H.O Rajendra Singh Hayanki, P.S. Khatima, received an information from the informer that a person accompanied by a lady who is his wife, is coming on a motorcycle bearing No. UP 22 C 2761 from Melaghat in the way to Rampur and are having charas in their possession. Believing the said information, S.H.O Rajendra Singh Hayanki informed the C.O, Khatima on R.T. set and requested him to reach at Jhankaiya police out-post. S.H.O Rajendra Singh Hayanki also called a lady constable from Nanakmatta police station. The police raiding party headed by S.H.O Rajendra Singh Hayanki reached at the spot and the Circle Officer also reached at the spot at about 2 pm. Thereafter, the police raiding party took Sachin Kumar and Suraj Dev as public witnesses for the purpose of conducting the search of the accused persons. After sometime as per the information of the informer, the accused persons came from the side of the Melaghat on the motorcycle. The Circle Officer stopped the motorcycle and both the persons were apprehended by the police at about 3.10 pm at the spot. On being interrogated, they disclosed their names as Arif Khan (the present appellant) S/o Yusuf Khan @ Raees Khan and Abida W/o the present appellant-Arif Khan. (It is to be noted that I am not concerned with the case of Abida as no appeal is pending before me relating to her case). The accused/appellant-Arif Khan had a bag on his shoulder in which he was carrying 2 kgs of charas . The police seized the said charas and was sealed in two different bundles. Out of these two bundles, one bundle was of 100 grams and was kept separately as a sample for the purpose of sending it to the chemical examiner for its chemical examination while the other was kept separately for the purpose of producing it as evidence. The appellant-Arif Khan also informed the police raiding party that two persons/napalese are also coming with charas from the side of Melaghat. After being informed of this fact by the appellant-Arif Khan, the police raiding party also started waiting there to apprehend them. On the pointing out of the appellant-Arif Khan, the police raiding party saw that two persons are coming from the side of Melaghat at about 4.20 pm. The police raiding party immediately apprehended them. They disclosed their names as Bhawani Chandra (the present appellant in CRLA No. 41/2004) and Dal Bahadur (the present appellant in CRLA No. 67/2007). The Circle Officer conducted the search of the accused-appellants, Bhawani Chandra and Dal Bahadur. On their personal search, it was found that Bhawani Chandra had wrapped about one and a half kgs of charas on his back in a pink coloured cloth inside the kurta (shirt) whereas Dal Bahadur had also wrapped about one and a half kgs of charas on his back in a purple coloured cloth inside the kurta (shirt). The said charas which was recovered from the appellants-Bhawani Chandra and Dal Bahadur were kept in four separate bundles. Out of these four bundles, two bundles of 100 grams were kept separately as samples for the purpose of sending it to the chemical examiner for its chemical examination. The contraband samples of charas which were sent to the chemical examiner for its chemical examination were found to be charas . After completing the recovery proceedings, the accused-appellants were taken to the police station and FIR was lodged against them. After completing the investigation against the accused-appellants by the Investigating Officer, chargesheet was submitted before the court concerned. During the trial by the learned Sessions Judge, the case of co-accused Abida was separated from the file.

(3.) After submission of the chargesheet, the trial court framed charge against the accused appellants under Sections 18/20 of the N.D.P.S. Act. The accused appellants denied the charge levelled against them and claimed trial.