RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) . - By this judgment, we are disposing of two appeals bearing Cr. Appeal No. 93-DB of 1996 and Cr. Appeal No. 140-DB of 1996, as they arise out of the same judgment, dated 8th December, 1995 passed by the Additional Sessions Judge, Jagadhri. By this judgment, the learned Additional Sessions Judge convicted the appellants Raj Kumar and Harcharan Singh under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (in short, the Act) and sentenced each of them to rigorous imprisonment for 14 years and to pay a fine of Rs. one lac. It was further ordered that in default of payment of fine, each one of them shall undergo rigorous imprisonment for three years.

(2.) IN this case, FIR Exhibit PA/1 was registered at Police Station City Yamunanagar on 22nd November, 1993 at 4.45 p.m. on the basis of a ruqa sent by Dhanpal Singh Inspector, SHO PS City Yamuna Nagar. As per the case of the prosecution, Dhanpal Singh, SHO Police Station City Yamuna Nagar (PW 5) along with other members of the Police party was present for traffic control at bypass Chowk Radaur Road on 22nd November, 1993 when a secret informer met him and disclosed that Harcharan Singh alias Channi and one Raj Kumar, who indulged in wholesale smuggling of opium, could be nabbed red-handed if a raid was conducted at the house of Harcharan Singh. After sending the ruqa PW 5 Dhanpal Singh Inspector sent a message to the Control Room to send a Gazetted Officer at the spot. It is further alleged that when the Police party was going towards the house of accused Harcharan Singh at Khanpur Chowk, then two independent witnesses, namely Mastan Singh and Noor Mohd. were associated and when they reached the house of Harcharan Singh, they found that he was having a balance in his hand and in one pan some opium was there while in the other pan one weight was kept while another weight was lying near the scales. At that time, Raj Kumar accused was having his hand on the attache case. After about 10 minutes Shri Mohd. Akil ASP Jagadhri reached the spot and then searched the attache case and the weighing scale and found opium. On weighing it was found 7 kg. out of which 200 grams opium was separated as sample. Both the sample and the remaining opium were put in separate parcels and sealed with the seals of DPS and MA. Thereafter, the seal of DPS was handed over to independent witness Nur Mohd. while ASP kept his seal with him. Thereafter, PW 5 Dhanpal Singh prepared the site plan Exhibit PG with correct marginal notes and recorded the statements of the witnesses. The case property and the sample were deposited in the Malkhana. After receipt of the Chemical Examiner's report, Exhibit PJ, challan was filed against the appellants.

(3.) RELYING on the prosecution evidence, the learned Additional Sessions Judge, by his judgment dated 8th December, 1995, convicted both the appellants under Section 18 of the Act and sentenced each of them to undergo R.I. for 14 years and to pay a fine of Rs. one lac each. In default of payment of fine, both the appellants were ordered to undergo R.I. for three years.