JUDGEMENT
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(1.)THIS appeal has been preferred by the accused-appellants Irfan s/o Mohd. vali Khan and "irfan s/o Rai s Ahmed against the judgment delivered by learned special Judge, ndps cases", Baran dated 15. 9. 2004. whereby each one was convicted under. sec. 8/21 of the NDPS Act and sentenced to 10 years rigorous imprisonment and fine of rs. 1. 0 lac in default of payment of fine to further undergo one year rigorous imprisonment.
(2.)BRIEFLY stated, the prosecution case is that on 31. 3. 2003, Aashish prabhakar, SHO P. S. Kolwali, Baran received a secret information at about 4. 30 PM and upon that, he proceeded with police party to Mamta Hostel Baran and went to room no. 21 where two Suspects were staying one of them was found with briefcase and another was having bag and they were about to leave the place. They were detained in the room and on being enquired, they introduced themselves as Irfan s/o Mohd. Vali Khan and Irfan s/o Rais Ahmed residents of U. P. Independent witnesses were called. At about 5. 30 PM, Dy. S. P. reached to the place of incident and he was introduced with two suspects. Both the accused-appellants were given option to be searched before the Magistrate or the Gazetted officer. Both the accused expressed their desire to be searched before the Magistrate. Magistrate, thereafter,addl. Distt. Baran was requested to come on spot. The Addl. Distt. Magistrate, baran came on spot in his presence, both the accused-appellants were searched. On being search, Irfan s/o Mohd. Vali Khan was found with briefcase of blue colour and in The briefcase, apart from his clothes, plastic packet was found and in the said packet illegal smack weighing 500 gm was recovered. Out of the said smack, 10 gm was taken as sample Which was marked as. A-l and the same was seized and sealed at the spot. Likewise search of irfan s/o Rais Ahmed was conducted, who was having bag. On being opened, a. plastic packet was found along with clothes in the bag. On being searched, 390 gm smack was found, sample from it was taken out and was marked as B-l. The seized smack and the sample were sealed separately. On return to the police station, a case under Sec. 8/21 of the NDPS Act was registered. After investigation, case was challaned to the court along with one co accused Rameshunder see. 8/29 of NDPS Act. Both the accused-appellants were charge sheeted under sec. 8/21 of the NDPS Act while co-accused Ramesh was charge-sheeted under Sec. 8/29 of the ndps Act. The prosecution examined as many as 11 witnesses. Thereafter, statements of accused-appellants under sec. 313 cr. P. C. were recorded. In the they stated that they were falsely implicated. No defence witness was produced. After hearing final arguments in the case, co-accused Ramesh was acquitted for the offence under Sec. 8/29 of the NDPS Act while the present accused-appellants were convicted and sentenced in the manner indicated herein above.
(3.)HEARD learned counsel for the appellants as also learned public prosecutor for the State and perused the record of the case.
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