STATE OF HARYANA Vs. VIRSA SINGH

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 17.7.1997 rendered by the Court of Additional Sessions Judge, Jind, whereby he acquitted Virsa Singh, Lakhbir Singh, Sher Singh and Ramesh alias Maheshi, of the charge under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) TO shorn off all unnecessary details, the prosecution version may be projected thus : On the intervening night of 20/21.8.1994, a Police Party headed by Jasrath Singh, SI, the then S.H.O. of Police Station Garhi, happened to be present at T-point of roads leading to Hans-dehar and Titoli from Data Singh Wala in connection with patrolling and checking of vehicles. One Bawa Singh, Sarpanch of Village Data Singh Wala was also present with him. Another Police Party organized by Ram Kishan, ASI also came there on a motor-cycle. Ram Kishan, ASI informed the above mentioned Sub-Inspector that he had received a secret information that a truck bearing registration No. PUX-8825 loaded with the bags of poppy husk and vegetables was approaching from Narwana side. Accused-Sher Singh was driving the truck and accused Ramesh alias Maheshi was sitting by his side. A Maruti Van bearing registration No. HR- 8/3251 was moving ahead of the truck to avoid the checking of the latter by the Police Party. He also informed that both these vehicles will go towards Daben-kheri. The Sub-Inspector, treating this information to be reliable, formed a raiding party and set up a picket at that place to stop and check the vehicles referred to above. Meanwhile, the Maruti Van came there which was made to stop. Accused-Lakhbir Singh was driving the Maruti Van. In the meantime, the above mentioned truck also came there. The same was also made to stop. Two young boys jumped out of the truck and ran towards the fields though Virsa Singh accused was captured at the spot. On interrogation, he disclosed the identity of those two escapists to be Sher Singh and Ramesh. The aforementioned Sub-Inspector served notice, Exhibit PG to accused Virsa Singh and informed him that he has suspicion that there was poppy husk or some other contraband in the truck. He told Virsa Singh that he wants to take search of the truck and if he was reluctant to offer the truck for search by him, he could opt to give his search in the presence of a Gazetted Officer or any Magistrate. In his reply, Exhibit PH, he offered to get his truck searched in the presence of a Gazetted Officer. The Sub-Inspector sent message to S.P. Jind, who directed Shri H.K. Kalsi, the then D.S.P, Safidon to reach at the place of recovery. On receipt of such message, the D.S.P reached there.

(3.) THE accused were charged under Section 15 of the Act, to which they did not plead guilty and claimed trial.