J U D G M E N T

AUGUSTINE GEORGE MASIH, J.

1. The instant criminal appeals arise out of SLP Signature Not Verified Digitally signed by (Criminal) No(s). 7419-7420 of 2009 assailing the Nirmala Negi Date: 2024.04.09 Reason:

Common Impugned Judgment dated 16.03.2009 of the Division Bench of Gujarat High Court in Criminal Appeal Nos. 1702 of 2004 and 2097 of 2004 moved by the Original Accused No. 01 (Smt. Najmunisha – Appellant in Criminal Appeal No. 1702 of 2004 before the High Court) and Original Accused No. 04 (Abdul Hamid Chandmiya alias Ladoo Bapu – Appellant in Criminal Appeal No.

2097 of 2004 before the High Court).

2. Smt. Najmunisha (hereinafter referred to as “Accused No. 01”) was originally convicted under Sections 29 read with 20(b)(ii)(c) and 25 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act 1985”). The Trial Court had sentenced her to ten years of rigorous imprisonment and fine of INR 30,000/- (Rupees Thirty Thousand only) for the charge under Section 29 read with Section 20(b)(ii)(c) of the NDPS Act 1985 and in default, she had to undergo one year of simple imprisonment. No separate sentence was imposed under Section

25 of the NDPS Act 1985. This sentence was subsequently modified by the High Court of Gujarat while partly allowing her appeal to the effect that her fine was enhanced to the minimum prescribed fine of INR 1,00,000/- (Rupees One Lakh only) and reduced the sentence in default of paying the fine from simple imprisonment of one-year to simple imprisonment of three months.

2A. Abdul Hamid Chandmiya alias Ladoo Bapu (hereinafter referred to as “Accused No. 04”) is the husband of Accused No. 01 who was originally convicted under Section 29 read with 20(b)(ii)(c) of the NDPS Act 1985 and sentenced to thirteen years of rigorous imprisonment and fine of INR 1,00,000/- (Rupees One Lakh only). The same was affirmed by the High Court of Gujarat while also dismissing his appeal.

3. Accused No. 05 (Nazir Ahmed alias Nazir Bazara) was convicted under Section 20(b)(ii)(a) of the NDPS Act 1985 and was sentenced to six months of rigorous imprisonment along with fine of INR 5,000/- (Rupees Five Thousand only) which he completed during the trial and therefore did not prefer any appeal before the High Court of Gujarat.

4. The facts leading to the present set of appeals are that on 10.12.1999 at about 06:30 PM, the PW-02 Mrs Krishna Chaube (Intelligence Officer/Inspector) (hereinafter referred to as “Mrs Chaube”) had received a secret information that the Accused No. 04 would be carrying narcotic substances in an auto rickshaw bearing registration number GJ-9T-2355 at about 07:00 AM on 11.12.1999 and shall be passing through one Shahpur Darwaja. The said secret information was recorded by her and reported to her superior officer (PW-03), namely Mr Pawan Singh Tomar – who was the Zonal Officer (hereinafter referred to as “Mr Tomar”).

5. Thereby, on 11.12.1999, it is submitted by the prosecution that on directions of Mr Tomar, they assembled at about 06:30 AM near the raiding point and arranged for the panchas and waited for the Accused No. 04 at different points of the raiding route. When the Accused No. 04 showed up in the said vehicle as per the information, they attempted to stop the auto rickshaw, instead it sped away at a high speed. Therefore, the members of the raiding party arranged for and chased the said auto rickshaw which was eventually, after covering a certain distance, found abandoned near a road and the Accused No. 04 was said to have escaped. On conducting the search of the said auto rickshaw, the raiding party found a driving license of one Shri Abdulgafar Gulamali Shaikh alias Rajubhai in addition to charas to the tune of 1.450 Kilograms.

6. As Accused No. 04 had run away, the raiding party eventually was led to the house of Accused No. 04 wherein the Accused No. 01 was already present. Thereinafter, the son of Accused No. 01 and Accused No. 04 – namely Abdul Raj