SUKHDEV SINGH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order dated 19.02.2009 passed by Ms. Vivek Bharti, Presiding Officer, Special Court, Jind vide which the appellants have been convicted for having been found in possession of 96 Kgs., poppy husk without having any licence and permit and have been sentenced to undergo Rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- each and in default of payment of fine to further undergo Rigorous imprisonment for a period of three years. Further they have also been convicted under Section 420 IPC and sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo R.I. for three months.

(2.) Brief facts as enumerated from the record are that on 02.02.2007 ASI Mahabir Singh along with police party was present at Barricade near power house Naguran, Kaithal Road for cheking the vehicles. A car Vagan- R having black glasses came from Jind was stopped for checking. On front number plate HR-12-G-9354 and on back number plate HR-07-0935 was written as registration number. On suspicion the car was checked. Three persons were present in the car. The driver told his name Gurdev Singh S/o Sinder Singh and two boys sitting on back seat told their names Satnam alias Satta, S/o Hazoor Singh and Sukhdev, S/o Jeet Singh. Meanwhile by chance DSP Ashok Kumar along with police party in official jeep came there. DSP was appraised with the situation and on his direction the vehicle was searched. On the back seat plastic bag of white colour and in between the driver seat and the back seat another plastic bag of white colour was found. Both the bags were checked and packets of poppy husk were recovered. On the direction of the DSP two packets from each bag were separated for sample purpose. In all in one bag 22 packets and in another bag 26 packets of poppy husk were found. The weight of each packet was 2 Kgs. Two samples from 2 packets were taken from one bag and 2 samples were drawn from 2 packets from another bag. The samples were made into parcel and remaining packets were put in the same bag and were made into parcel and duly sealed with impression MS and AK. Seal MS after use was handed over to EHC Ranbir Singh and seal AK was retained by DSP.

(3.) Report under Section 57 of NDPS Act was sent to DSP Headquarter. Accused along with case property and the witnesses were produced before SHO who after verify the facts of the case affixed his seal bearing impressions AS on the samples and the residue and directed ASI Mahabir Singh to deposit the case property with the MHC and to put the accused in lock-up. After investigation and receipt of the FSL report challan was presented against the accused under Section 15 of the NDPS Act and under Section 420 IPC.