AMRENDER SINGH AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by Amrender Singh son of Karnail Singh and Deepak son of Jeet Singh against the order and judgment dated 05/06.03.2007 passed by Presiding Officer, Special Court, Kurukshetra, vide which, they were convicted to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/-each and in default of payment of fine, they were further directed to undergo simple imprisonment for another two years for an offence under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (here-in-after referred to as 'the Act').

(2.) As per the prosecution story, when Inspector Randhir Singh, C.I.A. Staff, Kurukshetra along with other police party was standing at Indri Chowk, Ladwa, an informer gave an information to the effect that Amrender Singh son of Karnail Singh, caste Jat Sikh resident of Shiv Colony Indri Road, Ladwa and Deepak son of Jeet Singh Saini resident of Indri Road, Ladwa had been indulging in the smuggling of poppy husk, who had brought four gunny bags (boris) of poppy husk in order to sell out the same, after purchasing the same, who had kept concealed all the four gunny bags in the house of Amrender Singh and this time, above said both Amrender Singh and Deepak were present at the house of Amrender Singh. If an immediate raid is conducted, they can be apprehended along with the poppy husk. Believing the information as true, an intimation was sent through wireless message to D.S.P. Saheb (Headquarter) Shri Jagwant Singh, H.P.S with a request to reach on the spot. On receipt of the information, Shri Jagwant Singh Lamba, Deputy Superintendent of Police, Head-quarter along with his staff reached at Indri Chowk, Ladwa in his Govt. Gypsi bearing registration No. HR65-1456. Then Randhir Singh, Inspector along with co-officials accompanying him searched the house of Amrender Singh and found four gunny bags kept in the rear room containing 38 kgs. 200 grams of poppy husk. After drawing the sample, a writing was sent to the police for registration of the case. They tried to join independent witness but all of them showed their inability. The case property was produced before Surender Singh SHO, who after verifying the facts, affixed his seal bearing letters 'SS' on the case property and forwarded report under Section 57 of the Act.

(3.) In order to prove its case, the prosecution examined EHC Karambir Singh as PW1, who received report Exhibit PA under Section 57 of the Act from Police Station Ladwa. PW2 Constable Narender Kumar, who took the special report and handed over the same to the higher authorities. PW3 Constable Rajesh Kumar and PW4 HC Rakesh Kumar , who tendered that the case property remained in their possession. PW5 DSP Surinder Singh, who was posted as SHO in Police Station Ladwa, before whom, the case property was produced , as well as, PW10 Inspector Randhir Singh and PW11 ASI Jahangir Singh, who were the recovery witnesses besides the other formal witnesses.