JOGINDER Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) WE will be deciding Criminal Appeal No. 647-DB of 2005, Criminal Appeal No. 868-DB of 2005 and Criminal Appeal No. 38-SB of 2006 with a common judgment, as they arise out of the same judgment/order of the learned Additional Sessions Judge, Fatehabad.

(2.) THE learned trial Court vide its judgment/order dated 2.8.2005/5.8.2005 convicted Joginder son Hardwari and Anil son of Banwari Lal under Section 15(c) of the Narcotic Drugs Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and sentenced them to undergo 15 years R.I. and to pay a fine of Rs. 2,00,000/- each. In default of payment of fine to further undergo imprisonment for three years. The learned trial Court also convicted Sanjay son of Suraj Mal alias Surja under Section 25 of the NDPS Act and sentenced him to undergo 10 years R.I. and to pay a fine of Rs. 1,00,000/-. In default of fine to further undergo R.I. for two years.

(3.) THE prosecution to prove its case brought into the witness box DSP Ashok Kumar PW1, SI Balwan Singh PW2, Dharam Singh SI PW3, Om Parkash MHC PW4, Constable Ashok Kumar PW5, ASI Kailash Chand PW6, ASI Jagbir Singh PW7 and Vijay Kumar Inspector PW8.