NAJMUNISHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH the instant Appeals are preferred by the appellants under Section 374 of the Code of Criminal Procedure to read with Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'N.D.P.S. Act') against the judgment and Order rendered by the Additional Sessions Judge, Court No. 9, City Sessions Court, Ahmedabad, on 28th of January, 2004, in Sessions Case No. 143 of 2000 and Sessions Case No. 295 of 2000, whereby the present appellant Smt. Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu, accused No. 1, came to be convicted by the trial Court, for the offences punishable under Section 20(b)(ii)(c) to read with Section 29 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 30,000/ -, in default, to undergo simple imprisonment of one year. Though, she was also found guilty for the offence punishable under Section 25 of the N.D.P.S. Act, but no separate sentence was imposed. While appellant -Abdul Hamid Chandmiya @ Ladoo Bapu - accused No. 4 also came to be convicted by the trial Court for the offences punishable under Section 20(b)(ii)(c) to read with Section 29 of the N.D.P.S. Act and was sentenced to undergo rigorous imprisonment of 13 years and to pay fine of Rs. 1 lac and in default to undergo simple imprisonment of one year and no separate punishment was imposed upon him for the offence punishable under Section 25 of the N.D.P.S. Act, though he was found guilty for the said charge.

(2.) APPELLANT -Smt. Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu, has preferred a Criminal Appeal No. 1702 of 2004 while appellant -Abdul Hamid Chandmiya @ Ladoo Bapu has preferred a Criminal Appeal No. 2097 of 2004. Since, both the Appeals have arisen from the same judgment and order, both the Appeals are heard together and decided by this common judgment and order.

(3.) AS per the brief facts of the case, on 10th of December, 1999 at about 18 -30 hours, Mrs. Krishna Vinaykumar Chaube, working on deputation with the Narcotic Control Bureau, Zonal Unit, Ahmedabad, received a secret information as an Intelligence Officer of the Bureau that one person named as Abdul Hamid Chandmiya @ Ladoo Bapu was likely to carry contraband substance in one auto -rickshaw, bearing Registration No. GJ -9 -T -2355. It was also made clear in the secret information that the said person Abdul Hamid Chandmiya @ Ladoo Bapu was the resident of Shahpur Chakla and that he was likely to transport contraband on the next day at about 7 -00 hours in the morning. It was also made clear in the secret information that it was likely that the said person Abdul Hamid Chandmiya @ Ladoo Bapu would be passing through Shahpur Darwaja. The secret information received by the Intelligence Officer was conveyed to Superior Officer by Mrs. Krishna Chaube. At that time, her superior was one Mr. Tomar. The information was conveyed in one sealed cover, which was produced on record at Exh. 80. The secret information received by Mrs. Chaube was reduced to writing. Mr. Tomar directed all the officers of the Bureau to get together at 6 -00 a.m. on 11th of December, 1999 at Income Tax Circle at Ashram Road. Panchas were arranged and accordingly on the next day Inspector Mrs. Chaube, Mr. Tomar, Zonal Director and other officers of the Bureau were gathered for surveillance at pre -determined place and they stood at different points of a particular route in the morning on 11th of December, 1999. At about 7 -30 a.m. when Bureau party was on surveillance, they spotted one auto -rickshaw, bearing Registration No. GJ -9 -T -2355 and attempts were made to halt the said auto -rickshaw at different points by the officers, but the auto -rickshaw moved forward in a dangerous speed. The Bureau party thereafter arranged to chase the said auto -rickshaw. The driver of the said rickshaw turned the rickshaw towards the residence of suspect Abdul Hamid Chandmiya @ Ladoo Bapu. The raiding party also identified suspect Abdul Hamid Chandmiya @ Ladoo Bapu sitting in rickshaw at that juncture, occupying the passengers seat. Ultimately, after vigorous chase and on account of topography of old city of Ahmedabad, the rickshaw could not be over reached by the Bureau party, and ultimately, they found that the said rickshaw was halted near the house of suspect Abdul Hamid Chandmiya @ Ladoo Bapu. Suspect himself and the driver got down from the rickshaw and escaped through the narrow lanes before the Bureau party reached near the rickshaw. Thereafter, panchas and other officers of the Bureau gathered and searched the auto -rickshaw, and in search, they found charas in quantity of 1.450 kgs. and a driving licence of one Shri Abdulgafar Gulamali Shaikh @ Rajubhai was also recovered from the said rickshaw. However, the Bureau Party thought it fit to carry out raid in the residential premises of suspect Abdul Hamid Chandmiya @ Ladoo Bapu, situated at 2551 Kamal Market, Opp. Vadwali Mehta Pole, Shahpur Chakla. Accordingly, search of the residential premises of the suspect was carried out in the presence of Najmunisha, wife of Abdul Hamid Chandmiya @ Ladoo Bapu. From a tin container in the house further charas was found by the raiding party in quantity of 2.098 kgs, but on preliminary testing also, the substance was found to be charas. When search was going on, one person named as Abdul Rajak, came there and he was accused No. 2 in the Sessions Case. Accused No. 1 -Najmunisha and her son accused No. 2 -Abdul Rajak both thereafter summoned by the Bureau Officers under Section 67 of the N.D.P.S. Act. In the statement which was recorded under Section 67 of the N.D.P.S. Act, both of them i.e. Abdul Rajak and Najmunisha stated the fact that Najmunisha was aiding the business of drug trafficking, which was conducted by suspect Abdul Hamid Chandmiya @ Ladoo Bapu, her husband. Therefore, Abdul Razak - accused No. 2 and Najmunisha both were arrested. Abdul Hamid Chandmiya @ Ladoo Bapu was absconded and could be arrested during investigation and his statement also recorded under Section 67 of the N.D.P.S. Act before his arrest. In his statement, he confessed to have conducted transporting and selling of contraband substance and also he revealed that he had sold contraband substance to accused No. 5 -Nazir Ahmed @ Nazir Bazara, who was his regular customer. Therefore, accused No. 5 -Nazir Ahmed (r) Nazir Bazara was also arrested. In the statements of accused Nos. 2 and 4, it was revealed that suspect accused No. 4 was obtaining bulk of contraband from accused No. 3 -Abdul Rashid Abdulla @ Rashid Kashmiri and he was a regular supplier of contraband substance to accused No. 4. However, after some days, accused No. 3 -Abdul Rashid Abdulla @ Rashid Kashmiri also could be arrested, however, his statement has not been recorded. It was alleged therefore that in pursuance of a criminal conspiracy to commit the illegal act of drug trafficking, all the accused in abetment with one another, carried out illegal activity of drug trafficking. Narcotics Control Bureau at the initial stage filed complaint before the competent Court and after due investigation, a charge sheet came to be filed against all the accused.