GORA SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal has been filed by Gora Singh alias Manjit Singh and Boota Singh -appellants challenging the impugned judgment of conviction and order of sentence dated 24.4.2004 passed by learned Additional Sessions Judge, Sirsa, whereby the accused/appellants have been held guilty and convicted for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act'). They have been sentenced to undergo rigorous imprisonment for six years each and to pay a fine of Rs. 25,000/ - each and in default of payment of fine to further undergo rigorous imprisonment for six months each for the offence under Section 15 of the Act.

(2.) THE brief facts of the prosecution case are that on 4.5.2002, a police party headed by ASI Gurmit Singh, In -charge, Police Post, Chautala in a Government jeep bearing registration No. HR -24E -0877 driven by Constable Ram Dhari was going towards Village Abubshahar in connection with patrolling and conducting 'Nakabandi'. Dharambir Singh was also joined in the police party. In the meantime, an Ambassador car was seen approaching from the side of Sangeria which was signalled to stop. The driver of the car stopped the car at a distance and succeeded in escaping from the car. However, a person sitting on the rear seat of the car was apprehended, who on interrogation disclosed his name as Gora Singh alias Manjit Singh. Dharambir Singh PW disclosed the name of the fleeing person as Boota Singh. Gora Singh also disclosed his name as Boota Singh. Head Constable Rajinder Singh and Constable Ram Phall had chased accused Boota Singh, but could not apprehend him. Thereafter, ASI Gurmit Singh, Investigating Officer served notice under Section 50 of the Act upon accused Gora Singh informing him of his right to be searched in the presence of a Gazetted Officer or a Magistrate. However, the accused reposed faith in the Investigating Officer and offered the gunny bag for search. The Investigating Officer searched the gunny bag kept in the car and it was found containing poppy straw. Out of it, a couple of sample each weighing 100 grams were removed and the remaining residue poppy straw on weighment found to be 40 Kgs. 800 Grams. The same parcels and the gunny bag containing the remaining poppy straw were sealed with the seal bearing 'GS' and were taken into police custody vide recovery memo. 'Ruqa' was sent to the Police Station, on the basis of which formal FIR was registered against the accused. Rough site plan was prepared. Statements of the witnesses were recorded. On return to the Police Station, the accused Gora Singh, witnesses and the case property along with samples were produced by ASI Gurmit Singh before SI Rajbir Singh, SHO, Police Station Sadar Dabwali, who had verified the facts and affixed his seals bearing letters 'RS' on sample parcels and the case property. The report under Section 57 of the Act was also presented before the SHO, who sent the same to Dy. S.P., Dabwali. The case property was deposited with seals intact with the MHC. After necessary investigation, the challan was presented in Court.

(3.) IN support of its case, the prosecution examined PW -1 ASI Gurmit Singh, who deposed regarding conducting of the investigation in the present case. PW -2 SI Rajbir Singh, who was posted as SHO, deposed about the verifications of the recovery etc. PW -3 Head Constable Ram Kumar and PW -4 Constable Shankar Lal are formal witnesses, who tendered in evidence their affidavits Ex. PG and Ex. PH respectively. PW -5 Head Constable Rajinder Singh, EHC deposed that he was along with the Police party of ASI Gurmit Singh. He also deposed regarding the recovery and supported the prosecution version.