JAGGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Criminal Appeal No. 92-SB of 1999 filed by appellant-accused Jagga son of Avtar Singh; Criminal Appeal No. 164-SB of 1999, filed by appellant-accused Santokh Singh alias Pappu and Criminal Appeal No. 167-SB of 1999 filed by appellants-accused Chhinda and Kaili alias Kamal Singh are being decided by this common judgment as the same have arisen against the same judgment of conviction dated 15.1.1999 and order of sentence dated 18.1.1999, vide which all the appellants along with Surcsh Kumar, accused (since expired during the pendency of trial), were convicted for offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as 'NDPS Act) and sentenced to undergo rigorous imprisonment for ten years each and to pay fine of Rs. 1,00,000 each and in default of payment of fine to further undergo rigorous imprisonment for two years each.

(2.) The case of the prosecution is that on 9.11.1995 , Suresh Kumar , ASI along with Chand Ram, HC; Ramesh Constable No. 1961, Ram Chander, Constable No.985, and Om Parkash, Constable No. 1375 were going on foot on patrol duty for detection of crime from Village Madh to Nagpur. When they reached near 4th km milestone on the road, they observed that one Maruti Car of white colour bearing registration No. DL-4C-5172 was lying parked near cotton fields on the right side of the road and that two persons were taking out gunny bags from the car and were passing on to the other three persons, , who were keeping the said gunny bags on the cycles, one by one. On seeing the police party all those persons ran away, however police officials chased them and out of them one Suresh Kumar was over-powered. The names and addresses of three of the remaining four accused have been mentioned as Chhinda son of Bhagwan Singh, Kaili alias Kamail Singh son of Bhagwan Singh, Jagga son of Avtar Singh, all residents of Village Madh on the plea that they were previously known to the police officials including Suresh Kumar , ASI. The accused, who was apprehended at the spot disclosed his name as Suresh Kumar son of Jiwan Dass, Caste Arora, Resident of Durga Colony, Iiisar and that he was the driver of the said car bearing registration No. DL-4C-5172. The name of the 5th accused was disclosed as brother of Jeet Ram, resident of Piranwali, who was handicapped (Tunda).

(3.) A notice in writing was served upon Suresh Kumar, co-accused to the effect that the ASI was having suspicion that there was some contraband substance in the gunny bags being lying in the maruti car and on the three cycles and that the same were to be searched. He was given offer to be searched either before a Magistrate or a Gazetted Officer, however, accused reposed confidence in the ASI and stated that he did not want to get searched before a Magistrate or a Gazetted Officer. Five gunny bags were lying in the maruti car and, three gunny bags were lying on the carriers of the three cycles, i.e., one gunny bag on each of the three cycles. Sample of 100 gms each was separated from each gunny bag and the remaining bulk was weighed, which was found weighing 34 kgs and 900 gms. in each bag. All the eight sample parcels and all the eight gunny bags containing remaining poppy husk were sealed with the seal of SKS and the seal after use was handed over to Chand Ram HC. Sealed parcels, sealed gunny bags, maruti car without documents and the cycles were taken into police possession by the ASI vide Memo Ex. PF, which was signed by Chand Ram, Head Constable and Ramesh Kumar, Constable. Notice issued to accused Suresh Kumar is Ex. PE and the re- ply of accused Suresh Kumar is Ex.PE/1.