SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant-Accused Surinder Singh @ Sinder was held guilty and was convicted for the commission of offence under Section 15(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, "the Act of 1985") and was sentenced to undergo Rigorous Imprisonment for a period of 12 years and to pay a fine of Rs.1,50,000/- and in default of payment of fine to further undergo Rigorous Imprisonment for a period of 2-1/2 years vide judgment of conviction dated 03.11.2009 and order on quantum of sentence dated 05.11.2009. It was ordered that the period of detention already undergone by convict during trial of the case shall be set off against the substantive sentence.

(2.) The case of the prosecution as garnered from the record is that on 21.05.2006 Sub Inspector Ram Avtar alongwith Assistant Sub Inspector Nand Kishore, EASI Parmal Singh, EASI Ashok Kumar, Head Constable Chandeshwar, EHC Inder Singh, Head Constable Suresh Kumar, Head Constable Gurmail Singh and C. Vinod Kumar was present on Gurdawara Crossing, Nissing with Government vehicle bearing registration No.HR- 05J-3400, of which Varinder Kumar was the driver, for patrol and crime detection duty. There he received a secret information that Surinder son of Balkar Singh, Jat Sikh, resident of Dera Balkar Singh, Nissing, Gurmukh Singh son of Sadha Singh, Jat Sikh, resident of Dera Amupur and Dilbagh Singh son of Chattar Singh, Jat Sikh, resident of Kotla Samana Mandi, Punjab, a relative of Sinder Singh, were engaged in the business of selling poppy husk in the Dera of Balkar Singh and were going to the said Dera by means of a Tractor-Trolley loaded with poppy husk for sale. In case a raid is conducted, they could be apprehended red handed.

(3.) After arrival of D.S.P. Vijay Kumar Barara alongwith his staff at the spot, on his direction the Tractor-Trolley was unloaded; 47 bags containing poppy husk were recovered; the weighing material was arranged; and two samples of 100 grams each were separated from every bag. The remainder on weighment came out to be 39 Kgs 500 grams poppy husk in each bag. All the samples and remainder were converted into separate parcels and were sealed with seal bearing letters 'RS'. D.S.P. Vijay Kumar Barara also affixed his seal 'VKB' on each parcel. A sample seal was retained and the seal after use was handed over to A.S.I. Nand Kishore. The samples, bags and sample seals were taken into possession by preparing recovery memo Ex.P4.