HANUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) AT the very outset it is pertinent to mention here that Ms.Vandana Sharma, Advocate is representing appellant Hanuman in CRA - S -120 -SB of 2005. Since the case of all the appellants is similar, I have requested her to appear on behalf of the other appellants also as amicus curiae. She has accepted this requested.

(2.) THIS order shall dispose of all the above mentioned three appeals since they have arisen out of a common FIR and similar questions of law and facts are involved. For ready reference facts from CRA -S -120 -SB of 2005 are being taken which has been filed by appellant Hanuman against his conviction under Section 15 of the NDPS Act and Section 471 of the IPC whereby, for the commission of offence under Section 15 of the NDPS Act he has been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 30,000/ - and in default thereof to further undergo rigorous imprisonment for a period of six months whereas for the commission of offence under Section 471 IPC he has been sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs. 1000/ - and in default thereof to undergo rigorous imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently.

(3.) THE prosecution case, in brief, is that on 17.12.2001 a police party was on patrol duty at Panihar Chowk, Hisar when a Maruti car bearing registration No. UP 16E/7615 of white colour was seen coming from the side of Rajgarh and it driver, on seeing the police party, slowed down the speed of the car and tried to reverse it. It raised suspicion in the mind of the police party that there must be some narcotic substance in the car and they got it stopped. Appellant Hanuman was driving the car and two more persons namely Jagga Singh and Kulwinder Singh(appellants in other appeals) were sitting on the rear seat. After complying with usual formalities of search, a bag containing poppy husk was recovered which on weighment was found to be 34 Kilograms 600 grams. On further investigation the registration certificate, pollution certificate and insurance policy of the car were also found to be forged and fabricated. Its number plate was also false which was found to be a stolen one. A ruqa was then sent to the police station for registration of case and on completion of usual formalities of investigation challan was filed against the appellant/s.