DALBIR SINGH AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CRA -S -582 -SB of 2004 titled 'Dalbir Singh v. State of Haryana' and CRA -S -648 -SB of 2004 titled 'Vijay Singh v. State of Haryana' as both the appeals arise from the same judgment of conviction and order of sentence dated 21.01.2004 passed by learned Additional Sessions Judge, Gurgaon, whereby appellants have been held guilty and sentenced under Section 15 of the NDPS Act to undergo rigorous imprisonment for ten years each and to pay fine of Rs. 1.00 lacs each, in default of payment of fine to further undergo rigorous imprisonment for six months each.

(2.) BRIEF facts for disposal of the present appeals are to the effect that on 31.5.2003. Jagdish Parshad Assistant Sub Inspector along with Excise Inspector Subhash Kaushik along with some police officials was present on National High Way No. 8 near toll tax barrier, Bilaspur in connection with excise checking. At about 7.00 P.M. a white ambassador car bearing registration No. RJ -14 -7C -1261 was spotted coming from the side of Dharuhera and the same was stopped. Appellant Vijay was driving the car while appellant Dalbir was sitting by his side on the front seat. Jagdish Parshad ASI checked the car in the presence of other officials accompanying him. Thereupon, 55 packets weighing one kilogram each and 39 packets weighing 2 kilograms each were recovered from the boot of the car. These packets were found containing choora post. Appellants were found transporting 133 kilograms choora post contained in packets of one kilogram and two kilograms. Jagdish Parshad separated one packet from the packets of one kilogram each and one packet from the packets weighing two kilograms each as samples. The sample packets were made into separate parcels. The remainder packets of one kilogram each were put into three separate bags and the remainder packets of two kilograms were also put into three separate bags. The sample parcels as well as the bags containing remainder packets were separately sealed with seal bearing inscription of letters 'SC' and the seal after use was handed over to Excise Inspector Subhash Kaushik. The sealed sample parcels as well as the sealed bags were taken into possession vide recovery memo. Ruqa was sent to the police station for registration of FIR. Hawa Singh ASI thereafter recorded FIR under Section 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the NDPS Act') and returned the ruqa along with copy of FIR to Jagdish Parshad ASI. Both the appellants were formally arrested. Rough site plan of the place of occurrence was prepared and statements of witnesses under Section 161 Cr.P.C. were recorded. Appellants and case property were produced before the Station House Officer who in turn verified the facts and checked the case property. Thereafter, he affixed his seal bearing inscription of letters 'CB' on the case property and prepared a detailed report under Sections 51 and 57 of the NDPS Act. Jagdish Parshad ASI deposited the case property with Moharrir Head Constable Hawa Singh. Hawa Singh delivered the sample parcels to Constable Manoj Kumar on 16.06.2003 and the said constable took the same to the office of Forensic Sciences Laboratory, Madhuban. After completion of necessary investigation, charge -sheet was submitted against the appellants.

(3.) IN order to prove its case, prosecution examined ASI Hawa Singh as PW1, Naresh Kumar Draftsman as PW2, Jagdish Parshad as PW3, MHC Hawa Singh as PW4, Constable Manoj Kumar as PW5, SHO Sanjiv Kukar as PW6 and Subhash Kaushik, Excise Inspector as PW7.