JUDGMENT

Sangitrao S. Patil, J. - The above numbered appeals have arisen out of the same judgment dated 15th October, 2016 delivered by the learned Special Judge, Aurangabad in Special Case No. 10 of 2012 thereby convicting the appellants of the offences under Sections 3 and 4 read with section 25 of the Arms Act, 1959 and also under Section 22 of the Narcotic Drugs and Psycotropic Substances Act, 1985 (for short "NDPS Act"). Hence they are being decided by this common judgment.

2. Each of the appellants has been sentenced with rigorous imprisonment for three years and fine of Rs. 10,000/with default clause in respect of the offences under Sections 3 and 4 read with section 25 of the Arms Act and rigorous imprisonment for ten years and fine of Rs.l,00,000/with default clause in respect of the offence punishable under Section 22 of the NDPS Act. The substantive sentences of imprisonment have been ordered to run concurrently.

3. The learned Special Judge acquitted the appellants of the offence punishable under Section 399 of the Indian Penal Code. The State/ prosecution has not challenged acquittal of the appellants in respect of the said offence. As such, that part of the judgment has attained finality.

4. The appellants are hereinafter referred to by their respective first names, whenever necessary.

5. It is the case of the prosecution that on 24th September, 2012, when P.S.I. Gavali (L.C.B.) Aurangabad was in his office, P.I. Nandedkar received an information that a Tavera car bearing registration no. MH23Y2404 was carrying dacoits towards Pachod along Beed - Aurangabad road. Therefore, as per the directions of P.I. Nandedkar, P.S.I. Gavali (P.W.2) immediately left for Pachod in a private vehicle alogwith his staff members. He called two panchas at Pachod and arranged for a trap. He instructed Police Naik Deshmukh (P.W.3) to stay near Haryana Rajasthan Dhaba which was at some distance from Pachod and directed to inform on mobile phone immediately after seeing the above numbered car proceeding towards Pachod. P.S.I. Gavali (P.W.2) and other staff members and panchas stayed near Hotel Ekant Dhaba, which was at the distance about 1 k.m. from Pachod. They had placed barricades on the road for stopping the vehicles for checking. P.S.I. Gavali (P.W.2) received a phone call from Police Naik Deshmukh (P.W.3) after he noticed that the above numbered car proceeded towards Pachod. P.S.I. Gavali (P.W.2) stopped that car near Hotel Ekant Dhaba at about 11.15 p.m. Driver of that car took the car to the extreme left side of the road, switched off the engine and fled away. The appellants were found sitting in that car. A pistol with three live cartridges were found with the appellant - Narayan, a pistol and three live cartridges were found in possession of the appellant Shekhar, a dagger having length of eleven inches was found attached to the waist of the appellant - Datta and a dagger having length of ten inches was found attached to the waist of the appellant - Laxman. The car also was searched, wherein two sticks, a packet of chilly powder and a cotton rope having length of sixteen feet were found. A plastic jar containing a black coloured substance was found under the rear seat of the said car. On being asked, Narayan informed that it was opium and was being carried for being sold near Baba Petrol Pump at Aurangabad. He further informed that the said opium was weighing 2kg. and 500gms. P.S.I. Gavali (P.W.2) informed that fact on mobile phone to the Superintendent and P.I. of the Local Crime Branch. He asked Narayan as to whether he wanted to seize the said contraband in the presence of a gazetted officer. Narayan answered in the negative. P.S.I. Gawali (P.W.2) then got called through Police Naik Ghuge the seal of the police station, photographer and a Tan Kata (i.e. hanging weighing scale). He seized the jar containing opium. After weighing it in the presence of the panchas and confirming that it was 2 kg. and 500 gms., he took three sam