Vipul M. Pancholi, J. – These appeals are directed against the judgment of conviction and order of sentence dated 08.03.2019 and 14.03.2019 respectively, rendered by the 1st Additional Sessions Judge-cum-Special Judge (NDPS) Act, Aurangabad in G.R. No.12/2016/05/2017, arising out of Aurangabad Muffasil P.S. Case No.164/2016, whereby all the appellants have been convicted for the offences punishable under Sections 8-20 (b) ii (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘the NDPS Act’) and sentenced to undergo R.I. for 14 years and to pay a fine of Rs.1,50,000/- each and in default of payment of fine to undergo S.I. for six months each.

2. The prosecution story, in brief, is as under:

It is stated in the FIR given by S.I., Md. Saud Akhtar Ansari, SHO of Muffasil Police Station, District Aurangabad that he got secret information on 02.10.2016, at about 08:10. a.m. that a pick-up van bearing Registration No. BR 04M 0561 is being used in transportation of huge quantity of Ganja. On the basis of the said information, entry was made in the station diary and the Superintendent of Police, Aurangabad alongwith other superior officers were informed about the same. Thereafter a team of police officers was constituted. The aforesaid pick-up van was intercepted and stopped near Batane river. During search, four persons, namely, Raushan Kumar, Ram Lakhan Tiwary, Upendra Giri and Suraj Sao @ Rukhi Sao were found sitting in the said van. It is further stated that during search, Rs.1,20,000/- was found from possession of Raushan Kumar, Rs.50,000/- was recovered from possession of Upendra Giri and Rs.1,00,000/- was found from possession of Ram Lakhan Tiwary. It is also alleged that from pick-up van 898 Kgs. of Ganja was recovered and seized. During further enquiry, it was revealed by the accused that the said consignment was handed over to them by one Taslim Arif @ Guddu for the purpose of delivery to Om Prakash Giri and Kamakhya Giri. It is also stated by the said accused, who were found in the pick-up van, that they had kept the aforesaid amount to grease palms of the concerned to get rid of hurdles.

3. On the basis of the aforesaid self statement of informant, Aurangabad Muffasil P.S. Case No.164/2016 was registered for the offences punishable under Sections 8/20 (b) ii (C) of the NDPS Act against seven accused persons. The Investigating Officer carried out the investigation and thereafter filed charge-sheet against all the accused before the competent court. Thereafter the said case was transferred to 1st Additional Sessions Judge-cum-Special Judge (NDPS) Act, Aurangabad.

4. During course of the trial, charge was framed against the accused. The same was explained to the accused and when the accused pleaded not guilty and claimed to be tried, the prosecution examined ten witnesses and produced documentary evidence before the Trial Court. Further statement of the accused was also recorded under Section 313 Cr.P.C. and after conclusion of the trial, the Trial Court has convicted the present appellants-accused. However, one of the accused, namely, Taslim Arif @ Guddu has been acquitted. The present appellants have, therefore, preferred these appeals.

5. Heard Mr. Jitendra Kumar Giri [in Criminal Appeal (DB) No.343 of 2019], Mr. Anil Kumar [in Criminal Appeal (DB) No.482 of 2019], Mr. Patanjali Rishi [in Criminal Appeal (DB) No.698 of 2019] and Mr. Pankaj Kumar [in Criminal Appeal (DB) No.1080 of 2019] for the appellants and Mr. Ajay Mishra, learned APP for the State in all the appeals.

6. Learned counsel appearing for the appellantsaccused would mainly submit that out of ten witnesses, eight witnesses are police personnel and, therefore, they are interested witnesses. Two other formal witnesses have been examined by the prosecution. However, the prosecution has failed to examine any independent witnesses. Thus, the Trial Court ought not to have relied upon the deposition given by the interested witnesses