PARMINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment/order dated 20.11.2003 of the Additional Sessions Judge, Sirsa whereby he convicted Parminder Singh son of Malik Singh under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDSP Act) and sentenced him to undergo RI for 15 years and to pay a fine of Rs. 1,50,000/- and in default, to further undergo RI for 3 years.

(2.) RUQA Ex. PG was sent by DSP Chander Singh on 12.7.2001 at 7.30 p.m. to M.H.C. Police Station Sadar, Dabwali to register an FIR. In the ruqa he stated that he along with his Gunman Rohtash Singh Constable, Constable Vinod Kumar, Driver Harpal Singh were present on the bridge of Raj Canal in connection with checking of vehicles. He received information on his mobile phone that a Maruti car No. GJW-1-AJ-3549 is parked towards Dabwali, one killa ahead from Dhruv Hotel and if it is checked, a large quantity of narcotic substance of heavy (sic) could be recovered. On getting the information, Chander Singh DSP informed Randhir Singh Inspector, CIA through Wireless, who was checking vehicles on Bhatinda Chowk, to reach there. He along with Bhoop Singh Constable went to the spot on his vehicle No. HR-24-E-4747 which was being driven by Constable Jagdish. A person was standing near a Maruti car. That person on seeing the police vehicle, fled away, taking the benefit of darkness. Efforts were made to trace him, but in vain. SDM, Dabwali was also called to the spot through mobile phone. The car was searched thoroughly in the presence of the SDM. Proceedings under Section 42 of the NDPS Act were completed. During the search of the vehicle, an iron kit was found fitted with the help of screws in the back side of rear seat of the car. It was opened and checked. Five packets containing pure opium milk were recovered and the same were weighed. The weight of each packet was found to be 5 kgs. Samples of opium milk each weighing 100 grams were separated from the main opium milk, of which parcels were made. The remaining 5 packets of the opium milk were weighed and each packet was found to contain 4 kgs. 800 grams. The parcels of sample and the main packets were sealed by Chander Singh DSP with his own seal. The SDM also sealed the parcel samples as well as the five bags. DSP Chander Singh handed over his seal to Randhir Singh Inspector after its use and the SDM kept his own seal. The parcels of samples of the opium, parcels of the main bulk of opium along with Maruti car No. GJW-1-AJ-3549, bearing Chasis No. 1551824 Engine No. 2159461 along with sale letter and insurance receipt letter having signatures in Punjabi of Parminder Singh Kaka, of the purchase of car on 13.6.2001 were taken into possession. A memo was prepared which was signed by Randhir Singh CIA Inspector and the SDM. The cost of 25 kgs opium milk was Rs. 5,00,000/-. An offence under Section 17 of the NDPS Act was committed. The ruqa Ex. PG was sent through Constable Vinod Kumar. It was requested that after registering the case, its number be intimated. Special report was sent on 13.7.2001 at 2.45 a.m. to the JMIC, Sirsa. Copies of the FIR and other relevant documents were sent to the higher officers. On the basis of this ruqa FIR Ex. PG/1 was recorded on 12.7.2001 at 8.30 p.m.

(3.) LEARNED senior counsel for the appellant Shri R.S. Cheema assisted by Ms. Tanu Bedi, Advocate has argued that Maruti car No. GJW-1-AJ-3549 did not belong to the appellant. The car was fraudulently taken out on his name from Kataria Automobiles, Ahmedabad by Ashwani Kumar Bhardwaj and others. The Investigating Officer did not arrest the appellant till 10.1.2003, even though knowing the address of the appellant. The address was given in the papers which were recovered from the abandoned car.