SUBHASH @ BHURA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment two criminal appeals bearing No CRA-S- 2805-SB of 2009 filed by Subhash @ Bhura son of Raja Ram against State of Haryana and another appeal bearing No. CRA-S-3088-SB of 2009 filed by Satguru son of Harnek Singh against State of Haryana, shall be decided. Both the aforesaid appeals have been instituted against the judgment dated 19.10.2009 rendered by Sh. Jagbir Singh Dahiya, the then Additional Sessions Judge, Fatehabad, whereby, both the appellants were held guilty for committing an offence punishable under Section 15 of the Narcotic Drugs & Psychotropic Substances Act 1985 and vide order of the even date they were sentenced to undergo rigorous imprisonment for a period of ten years each and to pay a fine of Rs. 1 lac each . In default of payment of fine to further undergo simple imprisonment for a period of one year each for the aforesaid offence.

(2.) Brief facts of the prosecution case are like this; that on 22.12.2007 Ganga Ram SI along with other police officials, was present at bus stand Chimo in connection with patrol duty. They were also having a Bolero vehicle bearing registration No. HR-22C-2424. Surender Kumar EHC No. 652 security agent met them at that place. Police party along with Surender Kumar were proceeded towards Buraj via Chimo to Kalandargarh. When they reached near the turn of Dhani Guljar Singh, a Maruti car colour white was seen coming from the side of village Buraj. On seeing the police party, the driver of the car reversed his car and accelerated the speed. The Investigating Officer of the case chased the aforesaid vehicle. When the driver of the car all of a sudden turned his car towards his right side, the car over turned on the berm of the Dhani as he could not control the car, therefore, it turned turtle in the fields. Both the front windows of the car had opened and the front glass of the car fell on the ground. The glass of the driver side window has also been broken and fell down. After opening the windows, two young boys came out from the car and had tried to run away. Further Ganga Ram SI with the help of other police officials could apprehend both the aforesaid boys at some distance. The Investigating Officer tried to join some independent witnesses from the Dhani Guljar Singh and the workers who were working in the nearby fields but they expressed their inability.

(3.) On reaching the Police Station, Ratia, Investigating Officer produced the case property, accused and witnesses along with report Ex.P- 14 before Jaipal Singh Inspector/SHO who verified the facts from the accused and the witnesses and affixed his seal 'JP' on all the sample parcels and residue bags. Thereafter, the case property was deposited with the MHC of the Police Station.