KISHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Judge, Special Court, Kaithal, Haryana vide his judgment dated 31st July, 2002 rendered the judgment of conviction and passed an order of sentence under Section 18 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short "the Act") and awarded the punishment to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 1 lakh, and in default thereto and to further undergo rigorous imprisonment for a period of two years to accused Kishan Chand, while it acquitted the other accused Ramphal as the prosecution had failed to prove its charge against that accused.

(2.) Upon appeal, the judgment of the Trial Court was affirmed by the High Court as it was of the opinion that the judgment of the Trial Court did not warrant any interference. Thus, by its judgment dated 22nd April, 2008, the High Court sustained the conviction and sentence of the accused. Aggrieved from the judgment of the Division Bench of the High Court, the accused filed the present appeal.

(3.) Before we dwell upon the merit or otherwise of the contentions raised before us, it will be appropriate for the Court to fully narrate the facts resulting in the conviction of the appellant. On 19th July, 2000, a secret information was received by Sub-Inspector Kaptan Singh, PW7 who at the relevant time was the Station House Officer of Police Station, Cheeka and was present near the bus stand Bhagal in relation to investigation of a crime. Assistant Sub-Inspector Mohinder Singh was also present there. According to the information received the accused/appellant Kishan Chand and Ramphal, the other accused, used to smuggle opium on their Scooter No. HR 31 B 1975. On that day, they were coming on Kakrala-Kakrali Road and were on their way to Bhagal. It was further informed that upon nakabandi, they could be caught red handed and a large quantity of opium could be recovered from the scooter. Kaptan Singh, PW7, then reached T-Point, turning Theh Banehra and made the nakabandi. After 20-25 minutes, both the accused came on scooter from the side of Kakrala-Kakrali. Accused Kishan Chand was driving the scooter, whereas accused Ramphal was the pillion rider. Suspecting the presence of narcotic substance in the scooter of the accused, a notice under Section 50 of the Act, Ext. PC was given to both the accused and they were asked to get the scooter searched in the presence of a Gazetted Officer or a Magistrate. Ext. P C, was signed by both the accused which was also signed by Assistant Sub-Inspectors Manohar Lal (PW6) and Mohinder Singh. The accused vide their reply Ext. PD opted to give the search in the presence of a Gazetted Officer. Ext. PD was also signed by the witnesses in addition to the accused.