LEELA PARKASH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) This criminal appeal has been filed by Leela Parkash son of Karam Singh and Med Ram son of Kewal Ram residents of Samtad, District Kullu (H.P.) against the judgment of conviction dated 28.10.2005 and the order of sentence dated 29.10.2005 passed by the learned Judge, Special Court, Panipat whereby the appellants have been convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (Act-for short) and sentenced to undergo rigorous imprisonment for a period of 15 years each; besides, pay a fine of Rs.2,00,000/- each and in default of payment of fine to undergo further rigorous imprisonment for a period of 2 years by the defaulting convict.

(2.) The FIR (Ex.PB/1) has been registered on the basis of memo (ruqa) (Ex.PB) sent by Bir Pal Singh, SI, Special Staff, Panipat (PW-7) to the SHO Police Station, Chandni Bagh, Panipat. It is stated by Bir Pal Singh, SI (PW-7) that on 01.01.2004, he along with ASI Jai Narain (PW-6), MHC Sunil Dutt, Constable Rakam Singh, Constable Sultan Singh and Constable Sukhan Pal in a Government Jeep No.HR-06-7770 driven by Constable Amrish was present at Sanoli Road, HUDA, Bye-Pass Panipat in connection with checking crime. At that time, by chance, Suraj Parkash (PW-1) met him and he started talking with Suraj Parkash (PW-1). While they were conversing, two boys were seen coming on foot from Sonali side carrying a black colour bag. They were holding the bag from its two sides with their hands. The said boys on seeing the police party at once turned back and started walking. On account of suspicion, SI Bir Pal Singh (PW-7) with the help of his companions apprehended them. On inquiry they disclosed their respective names as Leela Parkash (appellant No.1) and Med Ram (appellant No.2). Bir Pal Singh SI (PW-7) had a suspicion that they were carrying some narcotic substance. They were informed by giving them notices that they were carrying some narcotic substance and their bag was to be searched. The two apprehended boys were asked as to whether they wanted the search to be conducted in the presence of some gazetted officer or a Magistrate. They stated that for them he (Bir Pal Singh SI PW-7) was their officer and they wanted the search to be conducted by him; besides, they had no objection if the search was conducted by him. Thereafter SI Bir Pal Singh (PW-7) in their presence conducted search of the bag and charas was recovered from the bag. After arranging weights and measures, the substance in the bag was weighed and it was found to be 12 kilograms of charas. From the recovered charas, 20 grams was separated and taken as sample and a parcel was prepared. The remaining charas was sealed with seal 'JN' and vide memo taken in possession. The signatures of the witnesses were taken on the memo. The accused Leela Parkash and Med Ram (appellants No.1 and 2) by having in their possession 12 kilograms of charas had committed an offence under Section 20 of the Act. Accordingly, the writing was sent to the Police Station through Constable Rakam Singh for registration of a case (FIR). After registration of the case, its number was asked to be informed; besides, special report was asked to be sent to senior officers. SI Bir Pal Singh (PW-7) along with his companions was busy in the investigation at the spot. On receipt of the writing, vide endorsement (Ex.PB/2), FIR No.1 dated 01.01.2004 (Ex.PB/1) under Section 20 of the Act was registered at Police Station Chandni Bagh by Rajender Singh ASI (PW-3). Carbon copies of the FIR were sent to Superintendent of Police, Illaqa Magistrate, Area Officer, Panipat. The special report was sent through constable Himal Singh. The police file along with the original writing was sent to SI Bir Pal Singh (PW-7) at the spot through the Constable who had brought the writing (Ex.PB). Jai Bhagwan Inspector (PW-2) on 01.01.2004 was posted as Station House Officer, Chandni Bagh. On receiving information from Bir Pal Singh SI (PW- 7), he reached the spot with his staff in a Government jeep where Bir Pal Singh SI (PW-7) produced before him both the accused (appellants) and the witnesses along with the case property and sample seal. Jai Bhagwan Inspector (PW-2) verified the facts and affixed his seal 'JB' on each of the parcel and the seal after use was kept with him. He directed Bir Pal Singh SI (PW-7) to deposit the case property with the MHC. Bir Pal Singh SI (PW-7) on directions of Jai Bhagwan Inspector (PW-2) deposited the case property with the MHC. After completion of investigation, police report (challan) was filed in the Court.

(3.) The learned Judge, Special Court, Panipat on 14.07.2004 charged the appellants on the allegations that on 01.01.2004 in the area of village Umra Kheri, they both were found in possession of 12 kilograms charas without any permit or licence and thereby committed an offence punishable under Section 20 of the Act. The appellants were directed to be tried by the Court for the said offence. The charge sheet was read over and explained to the accused (appellants) in simple Hindi. The appellants by their separate statements, heard and understood the charge framed against them.