JAHIDA BI AND Vs. CENTRAL NARCOTICS BUREAU

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid Criminal Appeals filed on behalf of the accused/appellants against the judgment dated 8th July, 99 rendered by Special Judge, Indore in Special Case No. 46/98, thereby convicting the appellants Mohd. Umar and Mohd. Rauf of the offence punishable under Sections 8/21 NDPS Act and sentencing each of the appellants to undergo 10 years RI and one lac rupees fine, in default of payment of fine, further imprisonment for three years. Appellants Jahida Bi and Ramesh Galani by the impugned judgment stand convicted of the offence punishable under Section 8/29 of the NDPS Act and each of the appellants sentenced to undergo 10 years RI and one lac rupees fine, in default of payment of fine, further imprisonment for three years.

(2.) Briefly stated the facts of the case are that on 28th September, 98 at about 10.00 p.m. officers of the CBN Department, Indore were patrolling in the area in search of the transportation of illicit contraband articles from the State, intercepted the Passenger Bus of MPSRTC at about 2.00 a.m. near Nawadapanth. The passenger bus bearing registration No. MP 14-2423 coming from Mandsaur and going towards Bhopal, was searched by the officers of the Raid Party. During search, Inspector Murli Dhankani (PW 1) suspected two passengers travelling in the alleged bus on Seat Nos. 45 and 46. One of the passengers travelling on the said seats, was having black coloured rexin airbag in his lap was asked to give search of the alleged air-bag. He was given an option for giving search before the Gazetted officer or the Magistrate as required under S. 50 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and on giving consent, accused Mohd. Rauf who was having the said bag, was searched before Mr. P.K. Sinha (PW 9) Superintendent, CBN Indore. On search of the air-bag carried by accused Mohd. Rauf, 1.350 kg. heroin was seized from the air bag kept in the polythene bag. At the same time, accused/appellant Mohd. Umar was also searched and two passenger tickets from Mandsaur to Indore of the alleged passenger bus were recovered from the possession of the said accused. Accused/appellants Mohd. Rauf and Mohd. Umar were interrogated and their statements were recorded by Inspector Mr. Dhankani under Section 67 of the Act. A joint seizure memo of the alleged heroin recovered from the possession of the appellants Mohd. Rauf and Mohd. Umar was prepared and two samples of 0.05 gms. each were taken from the seized article and the seized heroin as also the sample packets were separately sealed. Accused Mohd. Rauf and Mohd. Umar were arrested and alongwith the seized article, they were taken to the office of the CBN Indore. On the basis of the statements of accused, Mohd. Rauf and Mohd. Umar recorded under S. 67 of the Act, Inspector Dhankani alongwith the members of the Raid Party went to Mandsaur and accused/appellant Jahida Bi was noticed and on interrogation, her statement was also recorded under Section 67 of the Act. On the basis of the alleged confessional statement of the appellant Jahida Bi confessing the fact that contraband article recovered from the possession of the appellants Mohd. Rauf and Mohd. Umar, was given by the said appellant to be handed over to appellant Ramesh Galani at Dhulia appellant Jahida Bi was also arrested and taken to the office of the CBN Indore. Thereafter, further investigation in the case was entrusted to Mr. Mukesh Khatri (PW 10) Inspector CBN Indore, who alongwith other members of the Raid Party, proceeded for Dhulia (Maha.) and recorded the statement of appellant Ramesh Galani under S. 67 of the Act. In the said statement, appellant Ramesh Galani admitted that he is dealing with purchase and sale of the contraband article and on telephone received from accused/appellant Mohd. Rauf, he contracted to purchase heroin from the said accused at Dhulia. Inspector Mukesh Khatri took search of the house of accused Ramesh Galani at Dhulia and recovered some utensils used in the preparation of heroin. It is also stated that during search of accused Ramesh Galani, a small packet containing 1 gm. of heroin was also recovered from his possession. Accused/appellant Ramesh Galani alongwith seized article was taken to the office of the CBN at Indore. The offence was registered against the aforesaid appellants under the provisions of the Act. Sample packets of the alleged heroin were sent for chemical analysis and on receipt of the report of analyst and on completion of investigations, a complaint was filed in the trial Court against the aforesaid appellants. The trial Court registered Criminal case against the appellants and they were charged and tried for the alleged offences punishable under Ss. 8/21 and 8/29 of the Act. On completion of the trial, all accused/appellants were convicted and sentenced by the impugned judgment as indicated above. Aggrieved the appellants have filed the aforesaid appeals against the impugned judgment of the trial Court.

(3.) I have heard Mr. Z.A. Khan, Mr. Amitabh Upadhyaya and Mr. V. S. Kotwal appearing for the respective appellants and Mr. Girish Desai counsel for the Department.