ADAM GODWIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the aforesaid criminal appeals shall stand decided by this common judgment as they arise out of the same incident and judgment impugned.

(2.) The appellants - Adam Godwin, Umar Yusuf, Adam Mohd. and Khangar Singh have preferred S.B. Criminal Appeal No. 542/2016 and the appellants - Hanif Khan and Ikramuddin @ Ikru have preferred S.B. Criminal Appeal No. 509/2016 under Sec. 374(2) Cr.P.C against common impugned judgment and order dtd. 31/5/2016 passed by Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 23/2009 (State of Rajasthan Vs. Adam Godwin and Ors.), whereby out of total nine accused persons, three of them were acquitted from the charges levelled against them, whereas, the accused-appellants were convicted and sentenced as under :-

(3.) Brief facts of the case in short are that on 9/12/2008, n the secret information, Loon Singh, S.I., Police Station Udaimandir, District Jodhpur (P.W.7) with other police personnel reached at Rai Ka Bagh Bus Stand, Jodhpur, where as per information, they found three foreigners in suspicious condition. On asking, they disclosed their names as Adam Godwin, Umar Yusuf and Adam Mohd. They were carrying bags and suitcases with them. On suspicion, the police after serving notice under Sec. 50 of the N.D.P.S. Act, took search of their bags, in which, each bag was found containing Heroin. The recovery of total 7.325 kgs, 7.396 kgs. and 6.320 kgs. of narcotic substance Heroin was effected from Adam Godwin, Umar Yusuf and Adam Mohd, respectively. The samples, from each bag, were taken and sealed. The clothes and passports were also recovered from their bags. F.I.R. No. 458/2008 was registered at Police Station Udaimandir, District Jodhpur for the offence under Sec. 8/21 of the N.D.P.S. Act. The aforesaid three foreign nationals were arrested on the spot. On enquiry, they disclosed that they had received narcotic substance in two suitcases from one person, who came in Bolero Jeep. They received said substance at the instance of native of Tanzania Abu Bakar and paid Rs.2,20,000.00 to the person with covered face, who delivered the substance. After receiving narcotic substance, they went to Durg Vilas Hotel in the taxi, where they shifted the substance in other bags. They did not know the number of Bolero vehicle. The substance was to be taken to Delhi via Jaipur and was to be delivered at the instance of Abu Bakar. The weight of total substance was 21 kgs., for which, they were promised to pay 5000 USD. After investigation, the charge-sheet was filed against the accused Adam Godwin, UmarYusuf and Adam Mohd for the offence under Sec. 8/21 of the N.D.P.S. Act, against accused Iliyas for the offence under Sec. 8/21 read with Ss. 23, 25 and 29 of the N.D.P.S. Act, against accused Sardul Singh and Khangar Singh for the offence under Sec. 8/21 read with Ss. 25 and 29 of the N.D.P.S. Act and against accused Ikramuddin, Hanif Khan and Jamal Khan for the offence under Sec. 8/21 read with Sec. 29 of the N.D.P.S. Act.