(1.) APPELLANTS , Shanti Devi and Fula Devi who have been found guilty for an offence punishable under Section 20(b) of the NDPS Act vide judgment of conviction dated 05.02.2013 and each of them sentenced to undergo R.I. for 10 years as well as fined Rs.1,00,000/ - in default thereof to undergo S.I. of six months additionally vide judgment of sentence dated 11.02.2013 passed by Additional Sessions Judge, Ist -cum -Special Judge (NDPS Act), Gaya in connection with N.D. P.S. Case No.10 of 2010 arising out of Gaya Rail P.S. Case No.65 of 2009 have challenged under instant appeal.
(2.) PW -6, Gauri Shankar Gupta, Officer -in -charge of Gaya Rail P.S. recorded his self statement on 16.05.2009 at about 03:30 hours in the waiting room situated at platform no.1 disclosing therein that while he along with other G.R.P personnel were on night patrolling and during course thereof, have gone inside waiting room they found two women sitting near bags so picked up whereupon suspicion grew followed with apprehension of both the women who were non than the appellants. On query both of them disclosed that all the bags contain dust of Ganja as well as Hemp. After opening the bag he also found the same. It has further been disclosed that altogether 20 bags were. It has further been disclosed that all the bags were sealed after taking out 1 Kg. therefrom as sample. Seizure list was also prepared at that very place in presence of one Munna Sao (PW -4) and Shankar Chaudhary (PW -7).
(3.) ALTOGETHER eight PWs have been examined on behalf of prosecution to support its case out of whom PW -1 is Sheo Shankar Ram, a constable, PW -2 is Md. Julfikar, a constable, PW -3 is Krishnadeo Singh, a constable, PW -4 is Munna Sao, seizure list witness, PW -5 is Rabindra Nath Thakur, ASI, PW -6 is Gauri Shankar Gupt, S.I. (Informant), PW -7 is Shankar Chaudhary, seizure list witness and PW -8 is Bindeshwar Prasad Singh, the Investigating Officer. Prosecution had also exhibited signature of seizure list witness as Ext. -1, 1/A, Ext. -2 Seizure List, Ext. -3 Written Report, Ext. -4 - FSL Report.