CHARANJIT AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of CRA No. D -587 -DB of 2011 (Charanjit @ Bitu versus State of Haryana) and CRA No. D -246 -DB of 2011 (Balvinder Versus State of Haryana) arising out of judgment dated 08.01.2011.

(2.) APPELLANTS in both the cases have impugned judgment dated 08.01.2011 passed by Special Judge, Sonepat. They have been convicted for the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentenced to undergo rigorous imprisonment for 15 years besides a fine of Rs. 1,00,000/ - each and in default of payment of fine to undergo further imprisonment for six months.

(3.) CONSEQUENT to information, barricade was set up by the police officials at the intersection of Sector 7/8, Sonepat. After some time a vehicle Tata -909, as mentioned above, was seen coming from Delhi side. The vehicle was intercepted, the driver and conductor were apprehended. The driver revealed his name to be Balvinder and conductor stated himself to be Charanjit @ Bitu. Notice under Section 50 of the NDPS Act (Ex. PF) was served upon the accused Balvinder Singh informing him that he was suspected of keeping narcotics and whether he wanted the search to be conducted in front of Magistrate or some Gazetted Officer. He gave option (Ex. PF/1) for his vehicle to be searched before Deputy Superintendent of Police. Pursuant thereto, SI Kalander Singh telephonically called DSP Ganaur, Banwari Lal (PW 12). DSP Banwari Lal along with staff reached the spot. He was apprised of the facts and he directed the search of canter to be conducted after verification of the facts. 30 bags of poppy straw/husk were recovered beneath 56 bags of brinjal and 12 bags of cauliflower. Each bag contained 40 kilograms poppy straw i.e. 1200 kg poppy straw/husk was recovered. Two samples of 100 grams each were separated out of each bag. 60 samples and the residue in the remaining 30 bags were sealed with seals 'KS' of SI Kalander Singh (PW 9). DSP Banwari Lal affixed his seal 'SC on the samples as well as on the residue. Samples and the residue were taken in police custody vide memo (Ex. PG). Ruqa (Ex. PA) was sent through ASI Subhash Chander to the Police Station for registration of F.I.R. Site plan (Ex. PH) was prepared. Vehicle bearing registration No. PB -08 -AS -1988 along with 56 bags of brinjal and 12 bags of cauliflower were also taken in possession vide memo (Ex. PI). Personal search of the accused was conducted and intimation of arrest was also sent. SI Kalander Singh (PW 9) along with accused, witnesses of the cases property reached Bhalgarh Chowk where SI Nar Singh, SHO Police Station Rai met them. He was apprised of all the facts (Ex. PL) and all the above said produced before him. SI Nar Singh on verification of the facts affixed his seal 'NS' on the samples and the residue and made an endorsement (Ex. PM). Case property was deposited with Malkhana Mohrar. F.I.R. No. 406 dated 23.11.2008 (EX. PB) was registered. Special report was sent to the Illaqa Magistrate and higher police officials through Constable Khan Singh on 23.11.2008. Both the accused were produced before Chief Judicial Magistrate, Sonepat on 24.11.2008. Application (Ex. PO) under Section 52 of the Act was moved. Chief Judicial Magistrate, Sonepat put his initials on the samples, on the residue and the case property along with the accused was got photographed under direction of the Chief Judicial Magistrate. Case property was then deposited with MHC Police Station Rai (PW 6). Thereafter, the vegetables under orders of the Chief Judicial Magistrate were auctioned on 25.11.2008 as proved by Bansi Lal (PW 3) working in Public Primary Agriculture Society, Sonepat.