DIDAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANTS Didar Singh, Jitender Singh, and Lila Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (to be referred as "the Act"), by the court of Additional Sessions Judge, Fatehabad, and were sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of Rs. 1 lac, each. In default of payment of fine, the defaulter was to undergo further rigorous imprisonment for a period of one year. They have challenged this verdict by filing three separate appeals, bearing Criminal Appeal Nos. 47/DB, 86/DB, and 115/DB of 2003, respectively. All the three appeals are being disposed of by this common judgment.

(2.) AS per the prosecution case, a police party headed by ASI Azad Singh was present at the bus-stand of Village Zabta Khera, on 4.10.2000, in connection with patrolling and crime checking. Balam Singh PW happened to be present there and he started talking to the ASI. Meanwhile, a Jeep bearing registration No. HR-17-0927 was seen coming from the side of Ratia. On seeing the police party, Jitender Singh appellant, who was driving it, tried to take it back, whereupon the ASI became suspicious. With the help of his companions, he got it stopped and found that two persons viz. Didar Singh and Lila Singh appellants were sitting on its rear seat. On the checking of its dickey, six gunny bags were found loaded therein. The ASI suspected that the bags may be containing some narcotic substance. He, therefore, served notices under Section 50 of the Act (Exs.P19, P20 and P21) on Jitender, Lila Singh and Didar Singh appellants. In their written replies (Exs.P19/1, P20/1 and P21/1), they opted for search of the bags in the presence of a gazetted officer. A wireless message was, accordingly, sent and in pursuance thereof, Shri Avtar Singh Bhullar, Deputy Superintendent of Police, Tohana, reached there. He was apprised of the facts by the ASI. Thereafter, the gunny bags were opened as per his directions and the same were found to contain poppy husk. Two samples of 100 grams each were taken out from each bag, and the remaining contents of each bag, on weighment, were found to be 39 Kgs 800 grams. After converting each sample into a separate parcel, the sampleparcels and gunny bags were separately sealed with the seal bearing inscription AS, at four places. The seal of the DSP bearing inscription ASB was also affixed at two places on all the samples and bags. The samples, bags, and the jeep were taken into possession vide seizure memo, Ex.P6. The ASI sent written information, Ex.P1, to the police station, and on its basis, case against the appellants was registered vide formal FIR, Ex.P2. He also prepared site plan of the place of recovery, Ex.P22, and arrested the appellants. On return to the police station, he produced the appellants, witnesses, and the case property before Shamsher Singh SI/SHO Police Station, Sadar Tohana. The latter verified facts of the case and, then, affixed his seal, bearing inscription SSD, on all the sample parcels and the bags. The ASI also submitted report under Section 57 of the Act, Ex.P4, before him, which was forwarded by the latter (SI/SHO) to the Deputy Superintendent of Police, Tohana, after making his endorsement Ex.P5, thereon. The case property was deposited with the Moharrir Head Constable of the police station, with seal intact. The Moharrir Head Constable, then, sent the samples to F.S.L. Madhuban. On analysis, the Director, FSL, found the samples to be of poppy husk, vide his report, Ex.P23.

(3.) IN support of their case, prosecution examined seven witnesses. PW1 ASI Anand Singh proved formal FIR, Ex.P2. PW2 Head Constable Sube Singh, MHC, Police Station, Sadar Tohana, and PW3 Constable Makhan Singh filed their affidavits, Exs.P3 and P4/A respectively, pertaining to the intactness of the samples so long as the same remained in their possession. PW4 Shamsher Singh SI/SHO deposed that after the ASI Azad Singh produced the appellants, witnesses, and the case property before him, he verified the facts from the witnesses,and affixed his seal SSD on the parcels. He also directed the ASI to deposit the case property with the MHC and lodge the appellants in the police lock-up. He further deposed that the report under Section 57 of the Act, Ex.P4, submitted by the ASI, was sent by him, to the Deputy Superintendent of Police, Tohana, after making his endorsement, Ex.P5, thereon. PW5 Avtar Singh Bhullar DSP and PW6 Balam Singh testified about all the above referred to relevant facts which had taken place in their presence. PW7 ASI Azad Singh, who is the investigating officer, deposed about the different steps taken by him, in the investigation. Report of FSL, Ex.P23, was also tendered in evidence, by the prosecution.