DAYANAND AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 11.06.2009, vide which all the appellants were held guilty and convicted for the offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as 'Act') and the order of sentence dated 12.06.2009, vide which all the appellants were sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1,20,000/- each, in default of payment of fine they were ordered to further undergo rigorous imprisonment for a period of three years.

(2.) In nutshell, the brief facts of the prosecution case are that on 20.05.2008 PW-9 Inspector Kapoor Singh along with PW-2 ASI Dharam Singh, PW-3 ASI Karan Singh and other police officials was present at Pabra-Balak Road inconnection with patrolling. In the meantime, a Tata 709 bearing registration No. RJ-02-G-3621 was spotted coming from the side of village Balak. On seeing the police party, the driver of the vehicle tried to turn away the vehicle, but was intercepted by the police party. In the meantime, two persons who were travelling in the aid vehicle succeeded in running away. The driver of the Tata 709 Dayanand was apprehended at the spot. He disclosed the names of the other two persons who had fled away from the spot as appellants Krishan Kumar and Virender Singh @ Dhirander Singh @ Billu. Suspecting the intoxicant substance in possession of the accused, Inspector Kapoor Singh served a notice under Section 50 of the Act. In the reply to the notice appellant Dayanand opted for the search in the presence of a Gazetted officer. PW-11 DSP Ram Kishan was called at the spot. In the presence of DSP Ram Kishan, the search of Tata 709 was conducted. 9 bags containing poppy straw were recovered from the cabin of the vehicle. Two samples of 200 gms each were separated from each gunny bag. The residue poppy straw was weighed separately. Each bag was found containing 40 kg 600 gms poppy straw. The sample parcels as well as the gunny bags containing residue poppy straw were sealed with the seal of KS of the Investigating Officer and the seal 'RK' of DSP. The seal after use was entrusted to ASI Dharam Singh by the Investigating Officer. DSP kept his seal with him. On checking of the vehicle the registration certificate in the name of appellant Krishan Kumar was recovered. The case property was taken into possession. The Investigating Officer sent ruqa to the police station, on the basis of which the formal FIR was registered. The Investigating Officer also prepared the site plan of the place of recovery.

(3.) Thereafter, the case property alongwith witnesses and accused were produced before SI Jeet Singh, the than SHO, Police Station Barwala, who verified the facts from the witnesses and thereafter put his seal bearing impression 'JS' on the parcels of the case property. Thereafter, the case property was deposited MMHC of the Police Station and accused was detained in the lock up.