HARJINDER ALIAS BITTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment, four cases bearing Criminal Appeal Nos. S-30-SB of 2009, S-1975-SB of 2008, S-2280-SB of 2008 and S- 2309-SB of 2008 shall be disposed of as said appeals have arisen out of the same judgment of conviction and order of sentence. Sita Ram, Baljit, Subhash Chander, Dalip Singh and Harjinder alias Bittu were accused in case FIR No.242 dated 27.03.2007 registered under Sec. 15/27A of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') at Police Station Ratia.

(2.) As per prosecution version, a Police party headed by ASI Krishan Chand was on patrol duty. The accused-appellants were in a vehicle Opel (open) bearing registration No.DL-CH-792 and two occupants fled away after seeing the Police officials. On checking of the vehicle, total seven bags were recovered, out of which, two were lying on the back seat and five were lying in the diggi. On checking, poppy straw was found in the bags. Two samples of 100 gms each were separated and remainder were found to be 23.800 kgs of poppy straw. The samples and bags were converted into parcels and case property was taken into possession. FIR was registered against accused persons and after completing all formalities, the accused were taken into custody and case property was deposited with MHC.

(3.) On the same day, ASI Krishan Chander moved an application before Illaqa Magistrate for inventory under Sec. 52-A of the Act. During investigation of the case, Azad Singh was interrogated, who disclosed that he was dealing in the business of sale and purchase of vehicles and has sold his car to Subhash Chander, accused on 28.01.2007. An Affidavit to this effect was produced. On 01.04.2007, accused Subhash Chander and Baljit Singh were produced by Ex-Sarpanch- Dilbag Singh and they suffered disclosure statements admitting their guilt. It was stated that Subhash Chander, his uncle Sita Ram went to Dhanoti (Rajasthan) and purchased poppy husk and loaded the same in the car. Two bags were delivered to Dalip Singh-accused at his house and while going to village Khunan to hand over 20 kgs poppy husk to Kala alias Baljit Singh, they met Police party. Subhash and Baljit fled away from the spot. His uncle Sita Ram also fled away from the spot. The place of recovery was identified by them. Thereafter, accused Sita Ram was arrested and he was also interrogated. Sita Ram also suffered a disclosure statement as has been suffered by Subhash Chander and pointed out the place of recovery. Thereafter, accused Harjinder Singh was also arrested, who also suffered disclosure statement stating therein that on 26.03.2007, he paid Rs. 50,000.00 to Subhash and Baljit for bringing poppy husk and pinpointed the place of payment of amount. On completion of all the formalities, the investigation was completed and challan was presented against all the accused.