GURMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2.9.2002/order of sentence dated 4.9.2002 passed by the Court of learned Additional Sessions Judge, Hissar, whereby he convicted and sentenced Gurmit Singh, Des Raj and Harbans Singh to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- each and in default of payment of fine, the defaulter to further undergo rigorous imprisonment for a period of one year under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( for short, 'the Act').

(2.) AS set up by the prosecution, on 17.3.1998, a Police party headed by SI/SHO Mohinder Singh happened to be present on Mangali Kaimri Road near Mangali Bus Stand on Government Jeep bearing registration No. HR-20-D-0294 being on patrol duty. A Maruti Car of white colour bearing registration No. DL-4C-6738 was spotted approaching from the side of Village Daya to which the above mentioned Sub Inspector gave a signal to stop. The driver of the same, instead of stopping the car, accelerated the speed and sped away towards Hissar. The police party chased the Maruti Car in the government jeep and also tried to flash a wireless message thereby informing the Control Room, but due to technical fault, it failed. The police party continued chasing the Maruti Car, which ultimately reached at Bus Stand, Hissar, where the above mentioned Sub Inspector saw a PCR Gypsy bearing registration No. HR-20-3034 lying parked. He gave a signal to the said gypsy. Thereafter, both the police parties chased the Maruti Car. The occupants of the car started pelting stones at the police vehicle. When they reached at Babbar Market, Sirsa Road, Hissar, the wind screen of the above mentioned jeep got smashed. The PCR gypsy tried to overtake the above mentioned Maruti Car from its left side but the way was not given. The Maruti Car took a sharp turn on the left side. The right side of the gypsy got struck with the left side of the Maruti Car. The side looking mirror as well as the wind screen of the police gypsy was also broken. When the aforesaid Sub Inspector Mohinder Singh failed to stop the Maruti Car, he directed the police men of PCR Van to fire at the Maruti Car. Accordingly, Constable Devi Chand fired two shots from his rifle , whereas Constable Sahib Ram fired one shot. As its consequence, the tyre of the Maruti Car got burst and it lost control and stopped in the ditches.

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