RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, I propose to dispose of two appeals i.e. CRA-S-563-SB of 2004 filed by Ramesh and CRA-S-914-SB of 2004 filed by Charan Singh, both of them being accused, who were tried and convicted by the Court of learned Additional Sessions Judge, Hisar vide judgment dated 19.1.2004 for the offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and vide order dated 21.1.2004, they were sentenced to undergo rigorous imprisonment for ten years and to pay a fine of 1,00,000.00 each and in default thereof to further undergo rigorous imprisonment for one year each.

(2.) The accused-convicts, who are appellants before this Court pray that the appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story is that on 15.12.2000, a police party headed by ASI Naresh Kumar from Police Station Adampur had laid a picket at bridge of the canal, in the area of village Chulikalan on the road leading from village Chulikalan to Bhiran. A vehicle make TATA-407 bearing registration No.HR-46/6453 was spotted coming from village Bhiran side. It was signalled to stop by ASI Naresh Kumar and when the vehicle came to a halt, its driver along with another persons sitting in the cabin managed to run away. Two other persons were found sitting in the rear of the vehicle and they also tried to escape but were apprehended by the police party. On being inquired, one of such persons told his name as Ramesh son of Sant Lal, Caste Odd Rajput, resident of Khai, P.S. Ratia, whereas the other person disclosed his particulars as Charan Singh son of Pritam Singh, resident of village Hizrawan. Both such accused informed that the person, who was driving the vehicle was Raju resident of Boba and other person, who had fled away was also resident of village Boba (Punjab) though they could not give his name. Search of vehicle TATA-407 was conducted and it was found to carry five gunny bags. The Investigating Officer had a doubt that the gunny bags contained some narcotic substance, as such, he served a notice in writing under Sec. 50 of the Act to both the accused informing that he suspected the gunny bags to contain narcotic substance and they were asked to give option whether they wanted the search to be carried out before some gazetted officer or a Magistrate.