DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the verdict made on 1/3/2004, upon Session Case No.25 NDPS of 1999, by the learned Addl. Sessions Judge, Fatehabad, wherethrough he convicted the accused for a charge drawn qua an offence punishable under Sec. 15(c) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the Act"). Moreover, through a separate sentencing order of 3/3/2004, he proceeded to impose upon the convict the substantive sentence of rigorous imprisonment for a period lasting upto 12 years, besides imposed upon him, sentence of fine of Rs.1,50,000.00, and in default of payment of fine amount, he sentenced the convict to undergo rigorous imprisonment for a period of three 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 bearing No.CRA-D-439-DB-2005.

(3.) The genesis of the prosecution case is that, on 21/7/1998 when Bhim Singh, ASI of Police Station Rattia along with police party was present on a road leading to Bhundar was near a brick kiln of Gora Lal, in the area of Rettangarh for patrolling. At about 3:00 a.m., one TATA truck-608 was seen coming from the side of Rattangarh. The truck was signaled to stop but the driver of the truck took his vehicle to the side of the road towards brick kiln. After stopping the vehicle, all the three occupants of the vehicle fled away. I.O. along with other police officials tried to apprehend them but all the occupants of the vehicle ran away taking benefit of darkness. After that, Investigating Officer checked the vehicle bearing registration No.HR-20B-2333 and on suspicion, he gave information through C. Ramesh Kumar requesting D.S.P. Fatehabad to witness the recovery. After some time D.S.P. Charanjit Singh reached along with his staff at the spot. D.S.P. Malvinder Singh @ Vazir, Vice-Sarpanch of Village Rattangarh was also called at the spot. Thereafter, I.O. conducted the search of the truck TATA 608 before the D.S.P. Sh. Charanjit Singh and Malvinder Singh, Vice Sarpanch of village Rattangarh. 39 Bags of poppy straw were found concealed beneath the 40 bags of stone chips. Accordingly, after removing the bags of the stone chips, 39 bags of the poppy husk were recovered. The sample of 100 grams each out of each of the bag was separated and was converted into 39 parcels and sealed with the seal of CS. On weighment the reminder poppy husk was found 39 Kg. 900 grams in all 39 bags and all those 39 bags were also sealed with the seal of CS of DSP. All the sealed samples along with case property including residue, truck along with its documents, i.e. R.C., D.L. and Insurance were taken into police possession vide separate recovery memo Ex.P3 and Ex.P5, which were attested by Charanjit Singh DSP and Malvinder Singh. The Investigating Officer also prepared the rough site plan of the place of recovery with correct marginal notes. Thereafter, the I.O. recorded the statement of the witnesses under Sec. 161 Cr.P.C. All the three accused were arrested by May Ram S.I. CIA Staff, Hisar from Village Niana. After completing the investigation at the spot, on return to the Police Station, the Investigating Officer handed over the case property with the MHC.