RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of Crl.Appeal Nos.S-775-SB of 2000 and S- 838-SB of 2000 as both these appeals are directed against the judgment dated 21.7.2000 passed by the learned Judge, Special Court, Karnal in terms of which the appellants in these appeals stand convicted for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (for short 'the Act') and have been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1 lac each and in default thereof, to undergo further rigorous imprisonment for three years.

(2.) As per prosecution version, a police party headed by ASI Rajbir Singh was on patrolling duty on 13.6.1995 and when they were going from village Dabarki to village Jammu Khalan, then a secret information was received that the appellants are habitual of dealing with poppy-husk and have gone towards Yamuna river in an Ambassador Car. Upon receiving secret information, ASI Rajbir Singh sent ruqa to the Police Station and arranged a raiding party by associating Shankar Dass i.e. a public witness. On reaching the spot in question and having waited for some time, an Ambassador car came from the side of Yamuna river and which was signalled to stop, in which all the four appellants were sitting. DSP Moti Lal arrived at the spot and upon his directions, boot of the car was searched and three bags containing poppy-husk were found. Two hundred gms. of poppyhusk by way of sample was taken from each bag and upon weighment, each bag was found containing 39 kgs. 800 gms. of poppy-husk. The samples and the bags were sealed after affixing seal 'RS' and were taken into possession, vide memo Exhibit PD, which was attested by DSP Moti Lal. The Investigating Officer thereafter produced all the four appellants along with case property and witnesses before SHO Narender Kumar who, in turn, upon verification of facts affixed his seal 'NK' on each parcel. After completion of investigation, the challan was presented. Appellants were charge-sheeted for the offence punishable under Section 15 of the Act to which they pleaded not guilty and claimed trial.

(3.) The prosecution in support of its case examined PW1- Ramdia, PW2 - Jasbir Singh, PW3 - Sher Singh, PW4 - DSP Moti Lal, PW5 Head Constable Gurdev Singh, PW6 ASI Rajbir Singh, PW7- SI Mahinder Kumar. That apart, the prosecution also relied upon documents such as Exhibit PA (affidavit of Ramdia), Exhibit PB (affidavit of Jasbir), Exhibit PC (ruqa), Exhibit PC/1 (FIR No.243 dated 13.6.1995 under Section 15 of the Act, Police Station Sadar, Karnal), Exhibit PC/2 (endorsement on ruqa), Exhibit PD (seizure memo), Exhibit PE (recovery memo), Exhibit PF (site plan) and Exhibit PG (report of Forensic Science Laboratory). Statements of the appellants were recorded under Section 313 of the Code of Criminal Procedure in which they pleaded false implication. However, no evidence was led by the defence.