SAHAB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgement will dispose of Criminal Appeal No.S-1198-SB of 2001 and Criminal Appeal No.S-1219 SB of 2001 arising out of impugned judgement and order of sentence dated 05/09/2001 passed by Ld. Special Court, Karnal whereby the appellants have been held guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "The Act") and in furtherance thereof have been sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay a fine of Rs.1 Lakh each. In default of payment of fine, each of the appellants have been ordered to further undergo simple imprisonment for one year.

(2.) The factual matrix of the facts are being taken from Criminal Appeal No.S-1198-SB of 2001. On 28/10/1998, SI Bhoop Singh, accompanied by other police officials, was present near the bridge of Barsati Nalla in the area of village Brass. He received secret information that the appellants are indulging in the sale of 'Chura post' and that they were coming to village Brass on their separate motorcycles with the contraband. Believing the information trustworthy, a Naka was organised in front of the house of Pala Ram son of Nathi Ram. He was also joined in the investigation. Meanwhile, Sh. Om Parkash, Naib Tehsildar, Nissing came there. He was apprised of the facts. Thereafter, the appellants were seen coming on their respective motorcycles. Appellant Saheb Singh was riding Rajdoot motorcycle loaded with 1 gunny bag while appellant Lakha Singh was riding Yamaha motorcycle loaded with 2 gunny bags. On seeing the police party, they tried to escape from the spot with their respective motorcycles. An effort was made to overpower them by the police officials in which Saheb Singh was apprehended while Lakha Singh managed to escape from the scene leaving behind his motorcycle with 2 gunny bags loaded on the same.

(3.) Notice under Section 50 of the Act was served upon Appellant Saheb Singh. He opted to be searched by the Magistrate. Upon this, Naib Tehsildar disclosed his identity to him. He also disclosed that he (Naib Tehsildar) is competent to conduct the search. Gunny bags were unloaded from the motorcycles by Saheb Singh and was checked by the Naib Tehsildar whereupon poppy straw was found in the same. On weighing, the contraband in each bag came to 40 Kgs. Out of the same, 250 g was separated as sample from each bag. The sample and the remaining contraband were sealed in different parcels and were taken into possession by the police along with the motorcycles. Seals after use, was handed over to witness Pala Ram. Case was registered and on completion of the investigation and on the basis of material available, the appellants were charged under Section 15 of the Act to which they pleaded not guilty and claimed trial.