SUBHASH; MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two criminal appeals bearing CRA No.D-196-DB of 2009 and CRA appeal No.D-237-DB of 2009, arising out of common judgment and order dated 20.1.2009. Both the appellants, along with one Tejbir @ Bittu, were made to face trial for commission of offences under Sections 15 and 27 of the Narcotic Drugs Psychotropic Substances Act, 1985 (in short, the Act) and Sections 420, 467, 468, 471, 120-B IPC in FIR No.71 dated 24.1.2007. It was allegation against both the appellants that from a Jeep, in which they were travelling, five bags of poppy husk measuring 201 kgs were recovered. Registration papers etc. of the Jeep were found to be forged.

(2.) The trial Judge has noted the following facts regarding case of the prosecution:-

(3.) Seal after its use was handed over to Head Constable Mohan Lal by the investigating officer, namely, Inspector Ramesh Kumar (PW13). PW2 Satender Kumar Gupta Assistant Superintendent of Police kept his seal with him. On further investigation, a registration certificate was found from the jeep. The Jeep along with registration certificate was taken into possession against recovery memo (Ex.P1). Information (Ex.P16) was sent to the police station at Ratia, on the basis of which, an FIR (Ex.P17) was registered. The accused were arrested vide the arrest memos Ex.P24 and P25. They were subjected to interrogation, which led them to make disclosure statements (Ex.P13 and P14), stating that they had brought the contraband from Tejbir @ Bittu resident of Barwas P.S. Loharu. It was further stated by them that they had kept concealed five bags of poppy husk in fields situated on Agroha-Adampur road. The case property and the accused were produced before SHO, Hans Raj, who verified the facts, affixed his seal bearing impression BS' on all the parcels. Both the accused were put in the lock up and the case property was deposited with MHC.