DALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal No. 1057 SB of 2002 filed by Daljit Singh @ Dhallu, Criminal Appeal No. 1164 SB of 2002 moved by Duni Singh and Criminal Appeal No. 1165 SB of 2002 preferred by Kartara Ram accused, as having arisen from the judgment/order dated 4.6.2002 passed by the court of learned Additional Sessions Judge, Sirsa whereby he convicted and sentenced Daljit Singh, Duni Singh and Kartara Ram accused to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1.00 lac each under Section 15 of the Narcotic Drgus and Psychotropic Substances Act, 1985(for short, the Act) and in default of payment of fine, the defaulter to undergo further imprisonment for a period of 2 years.

(2.) As set up by the prosecution, on 9.3.1997 Atma Nand SI/SHO of Police Station Sadar Sirsa alongwith other police officials apprehended the accused while they were travelling in a jeep. There were five bags lying in the jeep. Suspecting their contents to be contraband, the Sub Inspector served notice under Section 50 of the Act. The accused offered to have their search before a Magistrate. Accordingly Om Parkash Naib Tehsildar, Sirsa was called to the spot. A sample weighing 100 grams was drawn from each bag and the same were converted into parcels. The residue of each bag when weighed came to 39Kgs 900 grams which was also turned into parcel. The parcels were sealed and taken into possession. Accused were arrested. After completion of investigation, the charge-sheet was laid in the court for trial of the accused.

(3.) The accused Daljit Singh @ Dhallu, Duni Singh, Kartara Ram and Mukhtiar Singh were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. To bring home guilt against the accused, the prosecution examined PW-1 Maha Singh Head Constable, PW-2 Nihal Singh Head Constable, PW-3 Om Parkash Naib Tehsildar, PW-4 Atma Nand, Sub Inspector and closed its evidence by tendering Ex.PG report of the Forensic Science Laboratory.