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2021 Supreme(Raj) 1291
IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
RAMESHWAR VYAS, J.
Adam Godwin and Others – Appellants
Versus
State of Rajasthan – Respondent
S.B. Criminal Appeal Nos. 509, 542 of 2016
Decided On : 14-12-2021
Advocate Appeared:
For the Appellants : B.S. Rathore, Nishant Bora, Bhagirath Ray Bishnoi.
For the Respondent: Sudhir Tak.
Headnote:
Criminal Procedure Code, 1973 – Section 374(2), 313, 306, 437-A – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 8/21(c), 50, 23, 25, 29 – Evidence Act, 1872 – Section 27, 65(b) – Denied allegations – Criminal Appeal – Appeals from convictions – Offence against accused – 'Abetment of suicide – Criminal appeals shall stand decided by this common judgment as they arise out of same incident and judgment impugned – Held, Record also reveals that some persons who helped main accused Iliyas in concealing and sending the Heroin to other parts of nation, were not made accused in this case e.g. statement of recorded by police shows that he travelled with and delivered narcotic substance to someone, however, he was not made an accused – In opinion of police, if he was considered to be a person helpful to prove offence against accused, then provisions of Section 306 Cr.P.C. (tender of pardon to accomplice) could be availed against him – In above background, trial court has erred in convicting and sentencing accused-appellants offence alleged against them and they deserve to be acquitted from charges levelled against them – Appeal allowed.
JUDGMENT :
RAMESHWAR VYAS, J.
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 Section 374(2) Cr.P.C. against common impugned judgment and order dated 31.05.2016 passed by Special Judge, N.D.P.S. Cases, Jodhpur in Sessions Case No. 23/2009 (State of Rajasthan vs. Adam Godwin and Others), 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:
Appellants-Adam Godwin, Umar Yusuf and Adam Mohd. in Criminal Appeal No. 542/2016
| Offence | Sentence | Fine | Default sentence |
| u/s 8/21(c) of the NDPS Act | 20 years RI | Rs. 2,00,000/- each | 3 years RI |
Appellant-Khangar Singh in Criminal Appeal No. 542/2016
Appellants-Hanif Khan and Ikramuddin @ Ikru in Criminal Appeal No. 509/2016
| Offence | Sentence | Fine | Default sentence |
| u/s 8/21(c) r/w Sec. 29 of the NDPS Act | 20 years RI | Rs. 2,00,000/- each | 3 years RI |
3. Brief facts of the case in short are that on 09.12.2008, on the secret information, Loon Singh, S.I. Police Station Udaimandir, District Jodhpur (PW-7) with other police personnel reached at Rai Ka Bagh Bus Stand, Jodhpur, whereas 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 Section 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 Section 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/- 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, Umar Yusuf and Adam Mohd for the offence under Section 8/21 of the N.D.P.S. Act, against accused Iliyas for the offence under Section 8/21 read with Sections 23, 25 and 29 of the N.D.P.S. Act, against accused Sardul Singh and Khangar Singh for the offence under Section 8/21 read with Sections 25 and 29 of the N.D.P.S. Act and against accused Ikramuddin, Hanif Khan and Jamal Khan for the offence under Section 8/21 read with Section 29 of the N.D.P.S. Act.
4. On charges being framed, all the accused pleaded not guilty and sought trial. The prosecution in support of its case got examined total 28 witnesses and documents were exhibited as Ex.P/1 to Ex.P/93. The accused were examined under Section 313 Cr.P.C. in which they denied allegations made against them as well as evidence on record. However, no ev
