DALEL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the verdict made on 15/2/2021, upon Sessions Case No.CIS (NDPS) Case No.8 of 2019, by the learned Special Judge (under Narcotic Drugs and Psychotropic Substances Act, 1985), Jind, wherethrough he convicted the accused for a charge drawn qua an offence punishable under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). Moreover, through a sentencing order of 16/2/2021, he proceeded to impose upon the convict sentence of rigorous imprisonment extending upto a period of 20 years, besides imposed upon him, sentence of fine of Rs.2,00,000.00 (Rs.2.00 lacs), besides in default of payment of fine amount, he sentenced the convict to undergo simple imprisonment extending upto a period of two years.

(2.) The accused-convict became aggrieved from the above drawn verdict of conviction, and, also the consequent therewith sentence(s) (supra), as became imposed. Resultantly, he instituted thereagainst the instant appeal. FACTUAL BACKGROUND

(3.) The genesis of the prosecution case are that, on 1/4/2017, SI Nafe Singh along with ASI Atma Ram, EASI Kamal Singh, EASI Ram Singh, HC Rajesh Kumar, HC Manoj Kumar, EHC Balraj and C. Pardeep Kumar was on patrolling and crime detection duty in Govt, vehicle No.HR31L-6944 with its driver EHC Vinod Kumar and were present near Bus Stand, Village Karamgarh. A secret informer met to SI Nafe Singh and informed that Dharambir and Dalel Singh sons of Mange Ram, both rs/o of village Karamgarh have stored Doda Post for selling, in the kotha of their field and who had just gone at their Kotha in the field with their Mahindra Brito Car bearing registration No.PB-ll-AW-9791 of white colour and they would go outside to supply the Doda Post in their vehicle. Secret information was found to be true and believable, so, notice under Sec. 42 of the Act, was prepared and sent the same to Police Station Sadar Narwana, through EASI Kamail Singh. SI Nafe Singh after disclosing the secret information to his fellow officials and with secret informer, proceeded for the spot, in government vehicle as informed by secret informer. When they reached at the Kacha Path near the field kotha, vehicle No.PB-ll-AW-9791 of white colour was found parked there and one young boy was seen putting one gunny bag in the Dicky of the said vehicle, who was Dharambir son of Mange Ram r/o Karamgarh and the second person having jute bag on his back was seen coming from Kotha to vehicle side, who was Dalel Singh son of Mange Ram r/o village Karamgarh and who was earlier known to SI Nafe Singh. On seeing the police vehicle coming towards them, they fled away towards the fields by throwing the jute bags. SI Nafe Singh along with his fellow officials chased both the youths, but they fled away by taking the advantage of standing crops. Thereafter, SI Nafe Singh along with fellow officials returned to Kotha and found one jute bag lying in front of Kotha and many jute bags were lying inside the Kotha. Dicky of vehicle No.PB-ll-AW-9791 was also found opened and two jute bags were found inside it. On the ground of suspicion of having intoxicant substance in the bags, SI Nafe Singh contacted to DSP, Narwana, from his mobile, who told hat he is out of station. Thereafter, SI Nafe Singh contacted Shri Paramjit Singh DSP, Jind on his mobile No.8814011502 and after informing about the facts, requested him to reach at the spot. After sometime, Shri Paramjit Singh DSP, Jind-2 along with his staff and government vehicle reached at the spot, who directed SI Nafe Singh to search the 14 bags. Thereafter, SI Nafe Singh checked all the bags after untying their mouths and Doda Post was found filled in the bags. One electronic weighing machine was also found inside the Kotha near the bags. All the jute bags were weighed and weight of each bag was found to be 21 kgs. Out of each bag, two samples of 100 grams each were taken and converted into the parcels and the remaining bags of Doda Post were tied and SI Nafe Singh sealed the same with his seal of 'NS'. DSP has also put his one seal of 'BS' on all the parcels. All the recovered sample parcels of Doda Post and remaining bags, electronic weighing machine, vehicle No.PB-ll-AW-9791 make Mahindra Brito Car, documents kept in above said vehicle including bill of vehicle, Insurance and Pollution Slip, affidavit of Som Raj s/o Chhota Singh r/o Nabha, Punjab, affidavit of Dharambir s/o Mange Ram r/o Karamgarh, photostat copies of RC, Aadhar Card and Ration Card of Dharamir s/o Mange Ram were taken into possession vide separate memo, which was signed by the witnesses. Memo and all the parcels were attested by DSP and seal after use was retained by him. SI Nafe Singh handed over the seal to HC Manoj after its use.