JASBIR SINGH ALIAS JASSA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 1061-SB of 2001 preferred by Jasbir Singh alias Jassa and Criminal Appeal No. 1165-SB of 2001 filed by Sinder Singh alias Sindhu against the judgment/order of sentence dated 30.7.2001 rendered by the Court of learned Judge, Special Court, Patiala, whereby he convicted and sentenced the accused-appellants to undergo rigorous imprisonment for 10 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 6 months under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act').

(2.) THE facts, in brief, of the prosecution case are that on 4.7.1996, ASI Jagjiwan Singh along with other police officials was returning after patrolling in a vehicle Allwyn Nissan bearing registration No. PB-11-C-9682 being driven by Constable Sukhdev Singh. When the police party reached in the area of village Sagra, Joginder Singh PW met the police party. When he was chattering (chatting ?) with the police party, meanwhile from Tharua side a bullock cart was spotted coming on the kacha path. On catching sight of the police party, the person who was driving the bullock cart, stopped the same and made an attempt to turn back. On suspicion, he along with other person, who was sitting on the bags in the bullock cart, were intercepted. They disclosed their names as Jasbir Singh alias Jassa and Sinder Singh alias Sindhu. They were asked to tell whether they wanted the bags lying in the bullock cart to be searched in the presence of a Magistrate or a Gazetted Officer. They offered the same to be searched in the presence of a Gazetted Officer. On receipt of wireless message, DSP Samana Narinderpal Kaushal came at the spot. On his directions, the search of 6 bags was carried out. On search, the same were found containing poppy husk. Two samples of 250 grams each were drawn from each bag to serve as sample and the same were converted into parcels. The residue of each bag, when weight, came to 34.500 kg. which was also made into parcel. Thereafter all the parcels were sealed with the seal JS and NP. The sample seal was prepared. The seal after use was handed over to Constable Jaspal Singh. All the parcels were seized vide recovery memo. Ruqa was sent to the Police Station. On receipt of Chemical Examiner's report and after completion of investigation, the charge-sheet was laid in the Court for trial of the accused. The accused were charged under Section 15 of the Act to which they did not plead guilty and claimed trial. In order to substantiate its allegations, the prosecution has examined PW-1 HC Mewa Singh, PW-2 DSP Narinder Pal Kaushal, PW-3 ASI Jagjiwan Singh and closed its evidence.

(3.) AFTER hearing the learned Additional Public Prosecutor, the learned defence counsel and examining the evidence on record, the trial Court convicted and sentenced both the accused as noticed at the outset. Feeling aggrieved with their conviction/sentence, they have preferred these appeals.