GULZAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of two Criminal Appeal Nos. 547-SB of 1994 titled Guljar Singh and another v. State of Haryana and 32-SB of 1995 titled Raghvir Singh and another v. State of Haryana and others, as both the appeal have arisen from the judgment dated 6th October, 1994 and order dated 8th Oc­tober, 1994 passed by the Court of Addi­tional Sessions Judge, Karnal, who con­victed and sentenced the appellants under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and sentenced each one of them to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000 and in default of payment of fine each of them was ordered to undergo further rigorous imprisonment for a period of two years. Vide the aforesaid order the vehicle in question has been confiscated to the State.

(2.) BRIEF facts of the case are that on 14th August, 1993 a secret information was received by Inspector Bhim Singh against the appellants when the said In­spector along with members of the Police Party was present in connection with the petrol duty at Nagla Magha Chowk. It was reported to the Investigating Officer that the appellants would bring poppy husk in the Maruti Van bearing registration No. HE-05-7476 from the other side of river Yamuna via the bridge on Yamuna under construction and that the appellants would carry the poppy husk towards Dachar and Gonder and if Nakabandi is held near village Manglora, the appellants along with the poppy husk can be ap­prehended/seized. Believing that this secret information is correct, the Inves­tigating Officer along with other subor­dinate Police officials reached village Manglora and joined Shri Sher Singh sarpanch of the village. Thereafter the Police Party held Nakabandi near village Manglora. At 1.45 a.m. on the night inter­vening 14th/15th August, 1993, the appel­lants came in the vehicle. They were supped in the torch light. In the Maruti Van all the four appellants were sitting. Guljar Singh appellant was driving the vehicle. The vihicle was searched and four bags of poppy husk were found lying in the dicky. The thanedar told the occupants of the vehicle that he had suspected that poppy husk was contained in the bags and whether they would like to give search in his presence or in the presence of a Gazetted Officer. Upon this Shri Guljar Singh and other appellants told the Investigating Officer that they would like to be searched in the presence of a Gazetted Officer. Thereafter in order to secure the presence of the Gazetted Officer, a wire­less message was flashed by the Investigat­ing Officer and Shri Raj Kumar, DSP (Headquarters), Karnal, reached at the spot and in his presence the search of each of the gunny bags was taken. Poppy husk was found therein. Each bag contained 40 kgs of poppy husk. A sample of 25 grams was separated from each gunny bag and the samples and the remainder were sealed with the seal of Shri Bhim Singh, Investigating Officer, bearing inscription 'BS'. The seal after use was handed over to Shri Sher Singh Sarpanch. In this manner the sample of poppy husk weighing 250 grams was taken from each of the bags. The case property was taken into possession made recovery memo. Ex, PC. The accused could not produce any licence or permit for the possession of the poppy husk. Resultantly, ruqa Ex. PD was sent to Police Station Sadar, Karnal on the basis of which formal FIR (Ex. PD/1) was recorded. The Inves­tigating Officer prepared the site plan (Ex. PE), recorded the statements 01 the wit­nesses under Section 161, Cr. P.C and arrested all the four accused. The samples of the poppy husk were sent to the Foren­sic Science Laboratory, Madhuban and the report of the Chemical Examiner was ob­tained and the Chemical Examiner deter­mined the contents of the samples as Chura of poppy husk. On conclusion of the investigation all the four appellants i.e., Guljar Singh, Gurdeep Singh, Chanan Singh and Manjit Singh, were challaned in the Court of the illaqa Magistrate, i.e., Additional Chief Judicial Magistrate, Kar­nal, who vide commitment order dated 19th November, 1993 committed the appellants in the Court of Session in order to face trial. Vide order dated 24th Novem­ber, 1993 passed by the Court of Addition­al Sessions Judge, Karnal, the aforesaid four appellants were charge-sheeted under Section 15 of the Act on the allega­tion that on 14th August, 1993 at about 5 a.m. in the area of village Manglora, they had kept in their possession 160 kilograms of poppy husk contained in four gunny bags in Maruti Van No. HR-05-7476 without any licence or permit and thereby they had allegedly committed the offence under Section 15 of the Act. The charge was read over and explained to the said appellants, to which they pleaded not guil­ty and claimed trial.

(3.) STATEMENTS of the accused were recorded under Section 313, Cr. PC and all the incriminating circumstances ap­pearing in the prosecution evidence were put to them. The accused denied all the circumstances and pleaded innocence Guljar Singh appellant put up a counter story to the following effect: