RAMAVTAR AND SHAMBHULAL Vs. STATE

JUDGEMENT

(1.) Both the appeals arises out of the judgment dated 24-1-2003 passed by the learned Special Judge, NDPS Cases, Gangapur City, Distt. Sawai Madhopur and as such they are being decided by this common order.

(2.) These appeals have been filed by accused Ramavtar. Shambhulal and Mukesh against the judgment dated 24-1-2003 passed by the Special Judge, NDPS Cases, Gangapur City, Distt., Sawai Madhopur in State Case No. 3/2003 (38/2001) whereby they have been convicted and sentenced as under:

(3.) The case of the prosecution is that on 14-6-2001, at about 9.15 a.m., one Jainarain Constable telephonically informed Police Station GRP, Gangapur City that while he was petrolling in Avadh Express Train, he found three suspicious persons in the General Coach. Further, he stated that he has a strong suspicion that the persons are in possession of narcotics substance. Therefore, he requested to take necessary action. The said information was recorded and the superior officers were informed accordingly. Thereafter, the police party with full preparation for investigation, reached the place, as informed by the constable. The witnesses were called for conducting a search of the suspicious persons. Thereupon, search of all the three persons was conducted and it was found that accused Mukesh and Shamboo were in possession of Charas in their bags. All the accused persons failed to produce any licence for possessing Charas. The total weight of Charas found in the bag was 1 kg.