ANGREJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 10.9.2005 and the order of sentence dated 14.9.2005 rendered by the Court of Additional Sessions Judge, Karnal, vide which it convicted the accused/appellant for the offence, punishable under Sections 15C, 25 and 29 of the Narcotic Drugs & Psycho tropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced him to undergo rigorous imprisonment for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for a further period of one year, for the offence punishable under Section 15C, of the Act; further sentenced him to undergo RI for a period of ten years; and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for a further period of one year for the offence punishable under Section 25 of the Act and further sentenced him to undergo RI for a period of ten years, and to pay a fine of Rs. 1 lac, and in default of payment of the same, to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 29 of the Act. All the substantive sentences were however, ordered to run concurrently.

(2.) THE facts, in brief, are that on 14.7.2003 SI Shamsher Singh, SHO, Police Station Gharaunda and other police officials were going towards the area of Gharaunda, in Western lane of G.T. Road in Govt. jeep, and when the police party reached near Chandigarh Dhaba, in the area of Gharaunda, on the night intervening 13/14.7.2003, it noticed that one canter bearing No. HR-05A-3887 was found parked there, and its face was towards Karnal side. SI Shamsher Singh got his jeep stopped. Jai Pal owner of the Dhaba was also found there. On seeing the police jeep Hardeep Singh (who is facing enquiry before the Juvenile Justice Board) tried to run away, from the cabin of the canter, but was apprehended. On checking the canter, the police found one inner cabin in the same. A message was sent to the DSP, who reached the spot. On search of the canter 14 gunny bags of poppy husk were recovered. Each bag was found containing 39 Kgs. and 400 grams poppy husk. Two samples of 200 grams, from each of the bags, were separated, and the remaining poppy husk was kept into the same bags. The samples and the bags were converted into parcels, duly sealed with the seal, and taken into possession vide a separate recovery memo. The registration certificate of the Canter, permit book, insurance policy, other documents and the Canter were also taken into possession vide a separate recovery memo. Ruqa was sent to the Police Station on the basis whereof, the FIR was registered. Site plan was prepared.

(3.) HARDEEP Singh, accused, was declared as Juvenile vide order dated 22.10.2003 and the prosecution was directed to produce him on 4.11.2003, before the Juvenile Justice Board, Sonepat. The prosecution was also directed to submit a separate challan against Hardeep Singh, before the Juvenile Board, Sonepat. After the completion of investigation, accused Angrez Singh was challaned.