NASIB SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The aforesaid two appeals have been preferred against the judgment of of conviction dated 15.07.2004 vide which Nasib Singh, Darshan Singh, Balwinder Singh and Gurpreet Singh have been convicted under Section 15 of the Narcotics Drugs and Psychotropic Substances Act , 1985 (for short, 'the Act') and order dated 16.07.2004 vide which they have been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.one lakh each, in default whereof, to further undergo rigorous imprisonment for a period of two years. It was further directed that the trucks bearing registration number PB 10H 9774 and HNU 9589, which were used in transporting the contraband be confiscated to the State.

(2.) The facts as put forth by the prosecution are to the effect that during the intervening night of 03.04.2001 and 04.04.2001, S.I. Paras Kumar, the Officer Incharge, Police station, Shahabad received a secret information on telephone to the effect that some unknown persons were present on the link road leading from GT Road to village Charuni Jattan in between Pipli and Shahabad alongwith aforesaid two trucks which were standing by joining their back with each other. Some persons are unloading the goods from the Truck bearing registration no. PB 10H 9774 and loading the same in Truck bearing registration number HNU 9589. Accordingly, S.I. Paras Kumar alongwith A.S.I Ram Dutt and fellow police officials arrived at the spot and found both the trucks at the spot. Truck number PB 10H 9774 was loaded with goods and two persons were transferring the gunny bags by handing over the same to two other persons standing in the empty truck bearing registration number HNU 9589. Upon seeing the Police Party, they tried to run away but were apprehended at the spot. Two persons standing in the truck number PB 10H 9774 disclosed their names as Gurpreet Singh and Balwinder Singh accused and the two persons standing in the other truck disclosed their names as Darshan Singh and Nasib Singh. The Truck number PB 10H 9774 was found to be containing 7 gunny bags and 4 gunny bags were lying in the other truck. It was suspected that there was some contraband in the gunny bags. A notice under section 50 of the Act was served on the accused and were asked if they want to get their personal search conducted in the presence of a gazetted officer or a Magistrate. The accused opted to get the search conducted in the presence of a gazetted officer. Anil Kumar Dhawan, the Deputy Superintendent of Police, Kurukshetra was informed through wireless message and requested to arrive at the spot. On his arrival, the bags were checked and they were found to be containing poppy husk. One sample on 250 kg each were separated from each gunny bag. The remaining poppy husk in each gunny bag weighed 34 kg 750 gms. Separate parcels of all the samples and the bulks were prepared. Balak Ram photographer was also summoned at the spot and he took the photographs. The sample parcels and the bulk parcels were sealed with the seal bearing impression 'PK' and 'AKD'. Specimen seal was prepared and incriminating articles were taken into possession vide separate recovery memos. Both the trucks alongwith the documents were also taken into possession. Ruqa was recorded and dispatched to the police station on the basis whereof FIR has been registered. On completion of the investigation, challan was presented. On presentation of challan, a prima facie case under section 15 of the Act was made out against the accused. The charge was accordingly framed to which the accused pleaded not guilty and claimed trial.

(3.) To substantiate its version, the prosecution has examined as many as nine witnesses, namely, PW-1 HC Bhushan Dass, PW-2 C.Ramesh Kumar, PW-3 ASI Harish Chander, PW-4 HC Varinder Kumar, PW-5 SI Chander Pal, PW-6 DSP Anil Kumar Dhawan, PW-7 Balak Ram Photographer, PW-8 ASI Ram Dutt and PW-9 SI Param Kumar, besides producing documentary evidence.