SUKHWINDER SINGH & ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Convicts Sukhwinder Singh and Pardeep have filed this criminal appeal assailing their conviction and sentence ordered by learned Presiding Officer, Special Court, Kurukshetra vide judgment dated 27.03.2003 and order dated 29.03.2003 thereby convicting the appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, the Act) and sentencing each of them to undergo rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- and in default thereof, to undergo further rigorous imprisonment for two years.

(2.) According to prosecution version, secret information was received that appellants' co-accused Nishan Singh and Sewa Singh were transporting poppy husk in truck No.HYA-7071 driven by Sukhwinder Singh appellant No.1 and owned by Pardeep appellant No.2. Thereupon police party headed by SI Dharam Singh and comprising of ASI Ashwani Kumar and others held nakabandi after joining Gurdesh Singh. Aforesaid truck was intercepted. Nishan Singh and Sewa Singh succeeded in escaping from the truck whereas both the appellants were caught at the spot.

(3.) Sukhwinder Singh was on the driver's seat whereas Pardeep was on the cleaner's seat. They were informed of their right to be searched in presence of gazetted officer or Magistrate. As per their desire, DSP Sahab Ram Nehra, Gazetted Officer was called to the spot. Thereupon the truck was searched. There were 24 gunny bags in the truck. The gunny bags were found to contain poppy husk. Sample of poppy husk weighing 250 grams was separated from each bag and the remaining poppy husk in each bag weighed 39.750 kilograms. The samples and the gunny bags with the remaining poppy husk were sealed separately and were seized by the police.