SANJAY KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of both the appeals mentioned above, which have been presented by appellants Sanjay Kumar and Balbir Singh, against the same judgment of conviction dated 01.12.2003, passed by the learned Judge, Special Court, Kurukshetra, vide which both the appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here-in-after called the 'Act') and the order of sentence dated 02.12.2003, vide which the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.1,00,000/-, each and in default of payment of fine, they were ordered to further undergo imprisonment for a period of one year, each.

(2.) The brief facts, giving rise to this prosecution, are that on 24.09.2000, PW9 SI Niranjan Singh, SHO Police Station Jhansa along with PW6 ASI Om Parkash and other police employees was present at Bus Stand Hinga Kheri in connection with excise checking. He received a secret information that an Ambassador car bearing registration No.HRL-4786 carrying poppy husk was coming and if Nakabandi was held, the same can be apprehended along with narcotics. Thus, the Investigating Officer held the Nakabandi at 'Chibba Mor' within the area of village Durala. After some time, the car in question was spotted coming from the side of village Durala, which was signalled to stop. On taking the search of the car, three gunny bags were found loaded in the dicky of the car. The Investigating Officer suspected the said gunny bags containing the narcotic substance. The driver of the said car disclosed his name as appellant Sanjay Kumar. The person accompanying him in the said car disclosed his name as appellant Balbir Singh. Thereafter, the notice under Section 50 of the Act was served upon both the accused, vide which, their options were sought as to whether they wanted the search of the said car to be conducted in presence of a Gazetted Officer or a Magistrate. The accused opted that search of the car be conducted before the Deputy Superintendent of Police. Thereafter, the police party along with accused and car No.HRL-4786 reached the office of the Deputy Superintendent of Police, Pehowa, who was apprised of the facts of the case and thereafter, on the directions of the DSP, the contents of the gunny bags were checked, which were found to contain crushed poppy husk. Out of which, 250 grams poppy husk was separated as sample from each gunny bag. On weighing, the remaining poppy husk came to be 38 Kg. in each bag. The samples and residue poppy husk were converted into parcels and the seal bearing impression 'NS' and 'CS' were affixed. The aforesaid parcels along with car No.HRL-4786 were taken into possession by the Investigating Officer, vide memo Ex.PG.

(3.) The accused-appellants were charge-sheeted for the offence punishable under Section 15 of the Act vide order dated 02.02.2001, to which, they pleaded not guilty and claimed trial.