WARDI CHAND AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred by the appellants mentioned above against the judgment of conviction dated 13.01.2011, vide which they have been held guilty and convicted by the learned Judge, Special Court, Panipat for the offence punishable under Section 18 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and the order of sentence dated 15.01.2011, vide which they were ordered to undergo rigorous imprisonment for a period of thirteen years and to pay a fine of Rs. 1,50,000/- each and in default thereof, they were further ordered to undergo simple imprisonment for a period of one year each.

(2.) In nutshell, the facts giving rise to this prosecution are that on 07.01.2009, Inspector Jagdeep Singh (PW-7), the Investigating Officer of the case received the secret information that accused-appellant no.1-Wardi Chand, accused-appellant no.2-Balbir, accused-appellant no.3-Trilok, accused-appellant no.4-Kuldeep, accused-appellant no.5-Vikas (now deceased) travelling in Qualis vehicle bearing registration no. RJ-24-C- 1987 were carrying contraband in huge quantity. The said vehicle was roaming around Panipat City and they can be apprehended if the 'Nakabandi' is held. On receiving this information, the Investigating Officer entered the Daily Dairy Report no. 6 dated 07.01.2009 Ex.PW-6/A (for short 'D.D.R'). The said information was conveyed to DSP Randhir Singh (PW-8) through EHC Raj Kumar.

(3.) Inspector Jagdeep Singh along with other police officials started in the Govt. Sumo vehicle bearing registration no. HR-06-N-6798 in search of the said Qualis vehicle and the persons named in the secret information and also for laying the Nakabadi in the area of Police Station, City Panipat. The Nakabandi was held near G.T. Road opposite, the under construction Mini Secretariat, Panipat. After about one hour the Qualis vehicle bearing registration no. RJ-24-C-1987 was spotted coming from the side of bus stand, Panipat. The said vehicle was got stopped by the police party. All the four persons sitting on the rear seat of the vehicle and the driver of the said vehicle were apprehended. The driver of the vehicle disclosed his name as Tirlok. The persons sitting on the middle seat disclosed their names as Wardi Chand and Balbir. The persons sitting on the rear seat disclosed their names as Kuldeep and Vikas. One big size plastic box was lying in between the persons sitting on the middle seat and the another plastic box was lying in between the persons sitting on the rear seat. The Investigating Officer suspected some contraband contained in those plastic boxes. He served a notice under section 50 of the NDPS Act (Ex.PW6/B) upon the accused-appellants giving an option to them to get their personal search and search of the bags conducted before any Magistrate or Gazetted Officer. They opted their personal search and search of their bags to be taken in the presence of a Gazetted Officer. The Investigating Officer telephonically informed (PW-8) DSP Randhir Singh, City Panipat. After 15 minutes, he reached at the spot. The Investigating Officer disclosed the facts of the case to him. DSP Randhir Singh also disclosed his identity to the accused-appellants. Thereafter, he gave a written direction Ex.PW6/D to the Investigating Officer to conduct the search of all the five persons and of the two big size plastic boxes. The said boxes were found containing opium. The opium was shifted to two big size polythene bags and they were found containing 10kg 850gms opium each. Out of the said opium, 2/2 samples of 50gms opium each from each polythene bag were separated. The samples of the opium were kept in four empty small plastic boxes ('Dibbi's). The remainder opium was put in the same plastic containers. All the four sample parcels and both the boxes containing remainder opium were kept in the sealed parcels and were sealed by the Investigating Officer bearing seal impression 'SS'. DSP Randhir Singh (PW-8) also affixed his seal bearing impressions 'RS' on all the parcels. The specimen seal impressions were prepared. The parcels of the case property along with Qualis vehicle no. RJ-24-C-1987 were taken into possession vide memo Ex.PW6/E, which was attested by the witnesses as well as by DSP. The investigating Officer sent the written information EX.PW3/A to the police station, on the basis of which, the formal FIR Ex.PW3/B was registered. The investigating Officer prepared the site plan of the place of recovery. The accused-appellants were arrested.