GULSHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of four appeals bearing CRA -S -1764 -SB -2014, CRA -S -1981 -SB -2014, CRA -S -1997 -SB -2014 and CRA -S -2108 -SB -2014 preferred by accused -appellants separately since these arise against one judgment.

(2.) BY filing the instant appeals, all the four accused -appellants have laid a challenge to the judgement dated 25.03.2014 and order on quantum of sentence dated 27.03.2014 respectively passed by Sh. R.P. Goyal, learned Additional Sessions Judge, Sirsa, whereby they have been convicted for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity 'NDPS' Act), and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 10,000/ - as fine each and in default of payment of fine they were to further undergo rigorous imprisonment for three months each.

(3.) ON the next day i.e. 25.2.2011 PW4 ESI Ramesh Chander, obtained the case property from MHC and produced the same along with accused before the learned Illaqa Magistrate at Sirsa along with application (Ex. PK). Constable Nahan Singh Govt. Photographer (PW6) took photographs of the entire case property. Learned Illaqa Magistrate attested the inventory and passed detailed order Ex. PL. Thereafter, Investigating Officer deposited one sample parcel along with residue with the judicial Malkhana, Sirsa whereas the other parcel and sample seal were deposited with the MHC of the Police Station, City Sirsa. Sample was sent to the office of FSL Madhuban. The Director FSL vide his report Ex. PX opined the contents of the sample as opium. After completion of investigation, challan against accused under Sections 17,18,61,85 of NDPS Act was filed in the court for trial.