Joinder Of Trial :– Neither Investigating Agency has applied S. 34 nor the Trial Court has framed the charge in accordance with law nor any evidence had come on record that appellants had acted in union as to make them jointly responsible-Different kinds of narcotics have been recovered from the appellants individually, which cannot suggest joint possession and common intention-Provisions of Cr. P. C. ,1898, Have been made applicable to trial and appeals before special Court u/S. 47 of the Act-In view of this position the two recoveries effected from the appellants individually in the circumstances of the case cannot be deemed to have been so connected as to form one and the same transaction or to have been so connected as to form one and the same transaction or to have been committed in the course of the same transaction therefore, offences had to be tried separately and their joint trial was irregular in the circumstances of the case-This Court set aside the conviction and sentence and remand the case for retrial-In the circumstances accused persons may be released on bail provided they furnish sureties in the sum of Rs. 75,000/- each and the Pr of like amount each-case remanded.
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