VICKY AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 21.05.2014 passed by the learned Judge, Special Court, Yamunanagar, vide which accused-appellants Vicky and Vishu have been held guilty and convicted for the offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called the 'Act') and the order on quantum of sentence dated 22.05.2014, vide which both the appellants have been sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.20,000/-, each, and in default of payment of fine, to further undergo rigorous imprisonment for one year each.

(2.) As per the prosecution case, on 12.03.2013, PW5 SI Jai Pal Singh, the Investigating Officer in this case, along with other police officials was present at Khan Chand Chowk, Yamunanagar in connection with patrol duty. When he was talking to one Sushma wife of Ram Kumar, in the meantime, he received secret information that the accusedappellants would come from Saharanpur side on a silver colour motorcycle, without number, carrying ganja and in case Naka is laid at Truck Stand, they could be apprehended with ganja. Finding the information reliable, it was reduced into writing under Section 42(2) of the Act and was sent to the Deputy Superintendent of Police, Head Quarter, Jagadhri through Head Constable Ajay Kumar. The Investigating Officer along with other police officials laid Naka at Truck Stand, Yamunanagar. After sometime, the accused-appellants came on a motorcycle without number from Saharanpur side. They were apprehended. A plastic bag of white colour was held by accusedappellant Vishu. The Investigating Officer asked them that he had suspicion that they were carrying some contraband in the bag and served notice under Section 50 of the Act, requiring the accused as to whether they wanted to get their search conducted through him or any gazetted officer or a magistrate. Vide their consent memo Ex.PC, the accusedappellants opted that they want to get their search conducted by some gazetted officer. Thereafter, DSP Phool Kumar reached at the spot and he directed the Investigating Officer to check the bag carried by the accusedappellants. On checking by the Investigating Officer, the white bag carried by the accused-appellants was found containing 3 kilograms and 200 grams ganja. Out of which, two samples of 100 grams each were separated. The samples and residue were converted into separate sealed parcels and were sealed with seal 'JS' and 'PK'. Thereafter, the sample parcels and residue parcel were taken into possession vide recovery memo Ex.PE. The DSP kept his seal with him whereas the seal of the Investigating Officer was handed over to ASI Balbir Singh. Ruqqa Ex.PM was sent to police station. On the basis of which, formal FIR Ex.PU was registered. The accused were arrested. The Investigating Officer prepared the site plan of the place of recovery Ex.PN.

(3.) While returning to the Police Station, the Investigating Officer met Inspector Sandeep Kumar, SHO Police Station City Yamunanagar near Jyoti Palace. The Investigating Officer produced the accused, witnesses and the case property before the SHO, who verified the recovery. He put his seal 'SK' on the parcels of the case property. Case property was deposited with the Moharir Head Constable. On the next day, the accused along with the case property were produced before the Illaqa Magistrate. Sample parcels were sent to the Forensic Science Laboratory, Haryana, Madhuban, Karnal for examination. On receipt of the report of the FSL Ex.PL and completion of formalities of the investigation, the report under Section 173 of Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.') was presented in the Court.