NEK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 26.07.2010, vide which the appellant no.1 Nek Chand @ Neka was 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 appellant no. 2 Piare Lal was held guilty and convicted for the offence punishable under Section 29 read with Section 15 of the Act and the order on the quantum of sentence dated 29.07.2010, whereby appellants have been ordered to undergo rigorous imprisonment for a period of 15 years and also to pay a fine of Rs.1,50,000/- each, in default of payment of fine they were orders to undergo simple imprisonment for a period of two years.

(2.) As per the prosecution case, on 30.01.2009, PW- 10 Inspector Om Parkash, SHO, Police Station, Samalkha along with PW-7 ASI Kanwar Pal and other police officials was present at bus stop village Basera. He received a secret information that appellant Nek Chand @ Neka had brought the poppy husk in heavy quantity from Gwalior in Tempo no. HR-20-B-2685 and he could go to his village Rakshera via village Dehra. If a naka is held between village Dehra and Basera on the pacca road, he can be apprehended along with his tempo and heavy quantity of the poppy husk. Inspector Om Parkash reduced into writing the said information and sent the same to the police station. On the basis of which Daily Diary Report no. 32 dated 30.01.2009 (for short DDR) copy Ex.P-1 was recorded. Inspector Om Parkash along with other police employees laid the naka at the disclosed place. After half an hour a Tata 407 bearing registration no. HR-20-B-2685 came from the side of village Dehra. The driver was signaled to stop by the Investigating Officer. On the vehicle being stopped, the driver disclosed his name as Nek Chand @ Neka. The notice under Section 50 of the Act was served upon appellant Nek Chand @ Neka. He opted his search in the presence of some Magistrate. Inspector Om Parkash contacted PW-8 Sh. Raj Kumar Bhoria, Tehsildar-cum-Executive Magistrate, Samalkha and requested him to reach at the spot. But, he directed the Investigating Officer to produce the accused before him at his office. The accused along with his vehicle was taken to Tehsil Office, Samalkha and was produced before the Tehsildar. He directed Inspector Om Parkash to carry out the search. The search of the vehicle was carried out under the supervision of PW-8 Sh. Raj Kumar, Bhoria, Tehsildar, Samalkha. Twenty bags containing poppy husk were recovered from the rear portion of the said tempo. On weighment, every bag was found to be containing 19 kg each and total came to be 380 kg of poppy husk. Two samples of 100 gms each were taken out from every bag. The sealed parcels of the samples and remainder poppy husk were prepared. The entire case property including the Tata 407 were taken into possession. The case property was sealed by the Investigating Officer as well as Sh. Raj Kumar Bhoria, Tehsildar-cum-Executive Magistrate, Samalkha. The Investigating Officer sent the ruqa Ex.P-3 to the Police Station, on the basis of which the formal FIR Ex.P-4 was registered.

(3.) On the next day, accused along with case property was produced before the learned Illaqa Magistrate, who certified the inventory. Co-accused Asha Ram and Bijender Singh were also apprehended in pursuance of the disclosure statement made by the appellant Nek Chand @ Neka and they also suffered the separate disclosure statements with respect to their involvement. On 27.03.2009, appellant Piare Lal was also arrested in this case, who is the registered owner of the Tata 407 bearing no. HR-20-B-2685. He also suffered the disclosure statement Ex.P-47. The registration certificate of the Tata 407 was taken into possession. The sample parcels were sent to the Forensic Science Laboratory (for short FSL) for examination. On completion of the formalities of the investigation, the report under Section 173 Code of Criminal Procedure (for short Cr.P.C), was presented in the Court.