RAM SWAROOP Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, Criminal Appeals viz. CRA No.1585-SB of 2004 and CRA No. 2185-SB of 2003 shall be decided together as the same arise from judgment dated 14.07.2003 passed by the learned Addl. Sessions Judge, Bhiwani.

(2.) Both the appeals are directed against the judgment of conviction dated 14.07.2003 and order of sentence dated 15.07.2003 passed by the learned Additional Sessions Judge, Bhiwani, whereby the appellants have been convicted and sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs. One lac for the offence punishable under Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "NDPS Act"). In default, to further undergo RI for one year.

(3.) Brief facts of the case are that on 14.12.2000, A.S.I. Raghbir Singh along with HC Dariyav Singh and Constables Ranbir Singh and Daya Chand was present while making nakabandi at Jhuppa chowk on Hissar-Rajgarh Road. In the meantime, Satbir Singh son of Shish Ram, resident of Motipura reached there and he was having conversation with ASI Raghbir Singh. In the meantime, a matador bearing registration No. Dl-8C-4165 was seen coming from the side of Rajgarh and the said vehicle was signalled to stop. After the stoppage of said vehicle, it was found that five gunny bags were kept on the rear side of the vehicle. Since ASI Raghbir Singh suspected contraband in the vehicle, he asked the driver and the conductor whether they wanted the search of the vehicle in the presence of Gazetted Officer or Magistrate. The accused gave option that search of the matador be effected in the presence of either Magistrate or Gazetted Officer. Thereafter, Narender Singh DSP, Siwani on being called through VT message (Ex.PJ), reached at the spot. On the direction of the DSP, the vehicle was searched, which led to the recovery of 5 gunny bags each containing 45 packets of poppy straw. In total 200 small packets weighing 1 kg. each of poppy straw were recovered from all the five gunny bags and its total weight came to 200 kgs. One kg packet from each bag i.e.in total 5 packets were separated for sample and made into parcels. Samples and remaining poppy straw were sealed separately and taken into possession. Seal after use bearing inscription RS was handed over to Satbir Singh, whereas seal bearing inscription NS after use was kept by Narinder Singh DSP. The entire case property i.e. samples, residues and matador were taken into possession vide recovery memo Ex.PG. Ruqa Ex.PB was sent to Police Station, on the basis of which formal FIR Ex.PC was recorded. Rough site plan was prepared.