PARDEEP KASHYAP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment would dispose of Crl. Appeal No.186-SB of 2011 bearing title Pardeep Kashyap Vs. State of Haryana and Crl. Appeal No. 606-SB of 2011 bearing title Manjesh Vs. State of Haryana .

(2.) Appellants Manjesh @ Monu and Pardeep Kashyap have been convicted under Sections 18 & 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter referred as 'NDPS Act') and Sec. 25 of the Arms Act vide judgment of conviction dated 14.12.2010 and order of sentence dated 16.12.2010 passed by Judge, Special Court, Yamuna Nagar at Jagadhri and accused Manjesh @ Monu was awarded the following punishment:- <FRM>JUDGEMENT_546_LAWS(P&H)9_2013_1.html</FRM> All the sentences awarded to accused Manjesh were ordered to be run concurrently. Accused Pardeep Kashyap was convicted under Sec. 30 of the Arms Act and was sentenced to undergo rigorous imprisonment for six months along with a fine of Rs. 1000.00 under Sec. 30 of the Arms Act. In default of payment of fine, he was to undergo rigorous imprisonment for one month.

(3.) Detailing the facts, Virender Singh Inspector/SHO of Police Station City Jagadhri was present in front of S.D. Public School, Jagadhri on patrolling duty when he received secret information that Manjesh resident of Gher Gaushala (Uttrakhand) who indulged in transportation of Opium and Charas and kept illegal weapons had come to Jagadhri and would proceed towards Jagadhri Market via Matka Chowk and if a raid is conducted, he can be apprehended with the contraband. Believing the information to be true, Inspector Virender Singh prepared a memo under Sec. 42 of the Act and sent the same to DSP Jagadhri. Thereafter, Inspector laid a picket at Matka Chowk and at about 07:00 A.M. a young boy was seen coming from the bus stand side on foot. On seeing the police party, he turned back and started moving fast. He was apprehended. He disclosed his name and parentage. A notice under Sec. 50 of the Act was served upon him and he was informed of his right to get the search effected in the presence of a gazetted officer or a Magistrate. The accused exercised the option of getting the search effected in the presence of a gazetted officer. A message was sent to Het Ram, DSP who arrived on the spot and enquired about the facts. Thereafter, the search was carried out and a green-yellow coloured polythene was recovered from the right pocket of the trouser worn by the accused which on opening was found to contain white powder which was identified as smack. From the left pocket, a blue polythene containing opium was recovered. A revolver 0.22 bore bearing No.045100096 was recovered from the shirt pocket and a straw box containing 22 cartridges was also recovered. Accused Manjesh was carrying a licence in the name of Pardeep Kashyap (co-accused). The recovered contraband was measured and the smack was found to be 330 gms., the opium was weighed and found 130 gms. Two samples weighing 50 gms. each were separated from the smack. Two samples of 10 gms. each were also separated from the opium. The samples as well as residue were converted into separate parcels and sealed with seal bearing impression 'VS' belonging to the Investigating Officer. DSP, Het Ram also affixed his seal bearing impression 'HR'. The parcels along with impression of sample seals were taken into police possession and recovery memo was prepared which was duly witnessed. The revolver was measured and its sketch was prepared. The cartridges were counted and put into separate parcel and were sealed accordingly. Ruka Ex.PW12/A was sent to the police station for registration of the FIR. A formal FIR bearing No.28 dated 25.01.2008 was registered in P.S. City Jagadhri. Later on Pardeep Kashyap was arrested as he had violated the terms and conditions of the arms licence. Sanction for prosecution of Manjesh was obtained. The samples and the residue were produced before the Area Magistrate who certified the inventory. The samples were sent to FSL Madhuban. On receipt of the report and completion of all the formalities, the challan was laid in the Court.