JUDGMENT :

BY THE COURT:-

1. Criminal Appeal No.892/2013 has been preferred by Ajijur Rahman aggrieved by judgment and order dated 23.8.2013 passed by Special Judge, NSPS cases, Ajmer in NDPS Case No.01/2004 whereby appellant has been convicted for offence under Section 8/22 (C) and Section 8/21 (B) of NDPS Act and has been sentenced to 10 years rigorous imprisonment and fine of Rs.1 lac and on non-payment of fine to further undergo two years rigorous imprisonment, for offence under Section 8/22 (C) of NDPS Act and has been sentenced to five years rigorous imprisonment and fine of Rs.1 lac and on non-payment of fine to further undergo two years rigorous imprisonment for offence under Section 8/21 (B) of NDPS Act. It was also ordered that both sentences will run concurrently.

2. Criminal Appeal No.856/2006 has been preferred by Roop Kumar Substain Pilley, Shri Peeramani Pilley, Kumar Naini Tambi and Smt.Basanti Pilley aggrieved by judgment and order dated 16.6.2006 passed by Special Judge, NDPS cases, Ajmer in NDPS Case No.01/2004 whereby Roop Kumar Substain Pilley, Shri Peeramani Pilley, Kumar Naini Tambi and Smt.Basanti Pilley have been convicted for offence under Section 8/21 of NDPS Act and all have been sentenced to 15 years rigorous imprisonment and fine of Rs.1 lac and on non-payment of fine to further undergo six months additional rigorous imprisonment.

3. Learned Court below has acquitted accused-Ratannam Krishnamurti Chillapa and Radhey Shyam aggrieved by which Union of India has preferred Criminal Appeal No.675/2007.

4. As all the appeals pertain to NDPS Case No.01/2004, the same are being decided by this common judgement and order.

5. In brief the factual matrix of the case are that Mahendra Singh-PW1 received a secret information on 12.07.2003 upon which house of Ajijur Rehman was searched and contraband recovered. Statement of Ajijur Rehman was recorded and on the basis of his statement that he had sold 5 Kg of heroin on 11.7.2003 to Roop Kumar and his associates and that they would be going from Ajmer to Mumbai via Pushkar in Fiat Car No.MRH- 6103. A team was constituted on 13.7.2013, a Fiat Car bearing Registration No.MRH-6103 was stopped, it was brought to the Base-Camp and on search 5 kg.125 gms. of heroin was found beneath the back seat.

6. Statement of the accused were recorded under Section 67 of the Act. After recording of the statement of all the appellants, they were arrested, information of which was sent to the Senior Officers.

7. Narcotics Control Bureau after investigation submitted charge-sheet against the appellants. Appellant-Ajijur Rehman remained absconding, at the time of disposal of the case on 16.6.2006 the Court below acquitted Ratannam Krishnamurti Chillapa and Radhey Shyam for offence under Section 8/21 of NDPS Act but convicted the appellants No.1 to 4 of Criminal Appeal No.856/2006. Aggrieved by which appellants have preferred Criminal Appeal No.856/2006 and against acquittal Union of India has preferred appeal No.675/2007.

8. Appellant-Ajijur Rehman was thereafter arrested and he stands convicted and sentenced vide judgment and order dated 23.8.2013 aggrieved by which he has preferred Criminal Appeal No.892/2013.

9. It is contended by the counsel for the appellants that there are numerous lapses on the part of prosecution. As per notification dated 17.11.1993 secret information is required to be sent to Deputy Director within 24 hours, but the same was not sent. It is also contended that owner of the house was not produced by the prosecution and was produced in defence as DW2 by the appellants. Address in Ex.P1 is mentioned as C-3, Panchsheel Nagar, Maakadwadi Road, Near Stephen School, Ajmer which is a wrong address. The correct number of house is S-3.

10. It is also contended that Mahendra Singh PW1 has stated in his evidence that he found a lady during search and seizure procedure, she was neither produced as a witness nor examined nor was searched. It is argued that the contraband was not in e