JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this common judgement the three appeals namely Criminal Appeal No. 52 -SB of 1995 titled Joginder Singh & Anr. v. State of Haryana, Criminal Appeal No. 33 -SB of 1995 Rajbir v. State of Haryana and Criminal Appeal No. 2 -SB of 1995 Kanwar Pal v. State of Haryana can conveniently be disposed of.

(2.) ALL the three appeals were directed against the judgement and the order of sentence passed by the learned Additional Sessions Judge, Karnal dated 9.12.94/13.12.1994. By virtue of the impugned judgement, the learned trial court held the appellants guilty of the offence punishable under Section 15 of the Narcotic Drugs and Phychotropic Substances Act, 1985 (hereinafter described as 'the Act'). By the subsequent order of sentence, each of the appellant was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. One lac. In default of payment of fine, they were directed to undergo (each) further rigorous imprisionment for 2 -1 /2 years.

(3.) THE relevant facts arc that on 23.6.1991 S.I. Mann Singh was posted as officer -in charge, Police Post Kunjpura. He was present in the area of village Gheer in connection with the investigation of another case. He received secret information that crushed poppy husk was being brought in a tractor trolley from the side of village Shergarh Tapu. In the meantime Sewa Ram a public witness came from the side of the said village. He was joined in the police party.