JANAK RAJ AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE are two appeals filed against the judgment dated 04.03.2005 passed by the Additional Sessions Judge, Fatehabad convicting the appellants under Section 15 of the N.D.P.S. Act and sentencing them to undergo rigorous imprisonment of 10 years and a fine of Rs.1 lakh, in default, to undergo rigorous imprisonment of 1 year more. Both the appeals are decided by the common order since the issue involved is same.

(2.) THE case of the prosecution in short was that on 21.07.2000 ASI Jaipal Singh alongwith other Police officials was present at Old Bus Stand Ratia. In the meantime, he received a secret information to the effect that Hanuman, Ram Sarup, Janak Raj and Chhinder @ Chhinda were habitual in smuggling of poppy husk and they are to bring a truck loaded with poppy husk and if a picket was laid near the dhani of Hanuman, they could be apprehended. The informer had disclosed the registration number of the truck as HYO -1565. As the said information was reliable, so a picket was laid at Lalwas Nimdi road near the canal bridge. After about one hour, a truck was seen coming from the side of village Nimbdi, Jaipal Singh ASI gave a signal to stop the truck. However, the truck sped away. Then the police party chased the truck. Ultimately, the truck stopped and the driver ran away from the spot. One other person who was sitting in the cabin of the truck also ran away. The investigating officer with the help of other police officials tried to apprehended these two persons, but they managed to escape due to darkness. Godhu Ram, Jagdish Chander HC and ASI Charan Singh disclosed the names of the escaped accused as Chhinder Singh, driver of the truck and Hanuman Singh. Two other accused namely Ram Sarup and Janak Raj (present appellants) who were sitting on the bags in the rear portion of the truck were apprehended by the police party. On search of the truck, poppy husk was recovered. Accordingly, this case was registered against the accused. On 19.12.2000 and 16.02.2001 Inspector Ram Phal formally arrested accused Chhinder Pal and Hanuman respectively. After registration of the F.I.R. investigation was taken up on completion of which the accused persons were challaned. The case was committed for trial and the accused were charge -sheeted under Section 15 of the N.D.P.S. Act to which they pleaded not guilty and claimed to be tried.

(3.) AFTER conclusion of prosecution evidence, all the accused were examined under Section 313 Cr.P.C. and all incriminating evidence was put to them. They denied the same and pleaded their innocence. However, after going through the evidence on record the Additional Sessions Judge convicted and sentenced the appellants as mentioned above.