LAWS(UTN)-2009-5-63

NARPAT SINGH AND HAJARA SINGH Vs. STATE

Decided On May 18, 2009
NARPAT SINGH AND HAJARA SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal, preferred by the appellants under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 07.10.1995 passed by Additional Sessions Judge, Haridwar in Special S.T. Nos. 65/1992 and 66/1992, State v. Narpat and State v. Hajara Singh, respectively, whereby the learned Additional Sessions Judge convicted the accused/appellants Narpat Singh and Hajara Singh under Section 8/15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act) and were sentenced to undergo rigorous imprisonment for a period of ten years with a fine of Rs. One Lac each. It was also directed that in default of payment of fine, the accused/appellants shall further undergo simple imprisonment for a period of three years.

(2.) Heard learned Counsel for the parties and perused the entire material available on record.

(3.) In brief, the prosecution case is that on 17.3.1992 S.I. Mahendra Pal Singh (P.W.1) alongwith Head Constable Rajeshwar Singh and Constable Ramesh Chandra Sharma were on patrolling duty. When they reached Arya Nagar Chauraha then the Mukhbir (informant) informed them that two persons carrying Doda (opium) are coming from the side of Singh Dwar. Relying upon this information, the police party tried to procure the public witness but no one came forward. Then they took their own search by each other and found nothing incriminating. The police party along with the informant proceeded from Arya Nagar and started waiting for the accused persons by taking side of Majhar. After sometime the accused/appellants reached there. The police party tried to stop them but they did not stop. Then the police party chased the accused persons and caught them at about 05:45 P:M. On being asked, the accused/appellants disclosed their names as Hajara Singh and Narpat Singh. They were asked to give the search before gazetted officer if they so likes but they refused. Then the police party conducted their search. From the possession of the accused/appellant Hajara Singh, about 1 Kg Doda powder was recovered which was in a bag he was carrying in his right hand. The same quantity was recovered from the possession of another accused/appellant Narpat Singh. The accused/appellants could not produce the license of possessing the abovesaid recovered items. The said recovered items were sealed in separate bags and sample of seal was also prepared. A FARD thereof was also prepared which is Ext.Ka-1. On the basis of FARD (Ext.Ka-1), the F.I.R. was lodged at Police Station Jwalapur, District Haridwar on 17.3.1992 at 06:45 P:M. Chik F.I.R. was prepared by the Head Mohirror Satpal Singh. That chik F.I.R. is Ext.Ka-7. The necessary entries were also made in the G.D., carbon copy of which is Ext.Ka-8. The investigation of this case was entrusted to S.I. Gopal Singh Sindhu (P.W.2), who during the course of investigation prepared the site-plan of the place of occurrence, which is Ext.Ka-2. The I.O. sent the seized material for chemical examination and the reports Ext.Ka-3 and Ext.Ka-4 were received. During the course of investigation, the I.O. also recorded the statement of the witnesses and after completing the investigation, he submitted the charge sheet (Ext.Ka-5) against the accused/appellant Narpat Singh and charge sheet (Ext.Ka-6) against the accused/appellant Hajara Singh.