RUPA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal has been directed against the judgment dated 13.7.1999/order of sentence dated 16.7.1999 delivered by the Court of learned Additional Sessions Judge, Hisar, whereby he convicted and sentenced Rupa Ram accused to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000/- or in its default, to further undergo rigorous imprisonment for 3 years under Section 15 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, 'the Act') and acquitted his co-accused Surjit alias Sita Ram and Guddu of the charged offence.

(2.) THE facts, in brief, of the prosecution case are that on 29.2.1996, Mahinder Singh, SI/SHO, P.S. Ratia, among other Police officials, happened to be present at the Canal Bridge road in connection with patrolling. In the mean time, one tractor occupied by 3 persons, was spotted approaching from Bhuna side. On catching sight of the Police Party, the occupants of the tractor stopped their tractor and started running into the fields. The aforesaid Sub- Inspector, with the assistance of other police officials, gave a chase to the occupants of the tractor. One of them, namely, Rupa Ram was intercepted and the remaining two made good their escape taking advantage of the cover of the darkness. On search of the trolley, three bags were recovered. The above mentioned Sub-Inspector suspected that accused Rupa Ram was having some contraband in the tractor trolley. By serving notice, Ex. PC, Rupa Ram was called upon to tell whether he wanted to be searched in the presence of a Gazetted Officer or a Magistrate. He expressed his faith in the Sub-Inspector vide his reply, Ex. PD. On search of the contents of the bags, the same were found to be poppy husk, out of which 200 grams was drawn from each bag to serve as a sample. The remainder of each bag, when weighed, came to be 39 Kg. 800 grams. The sample and the remaining poppy husk were converted into separate parcels sealed with the seal 'MS' and were seized vide Recovery Memo,Ex. PE. Ruqa, Ex. PF was sent to the Police Station, where on its basis, formal FIR,Ex. PG was jotted down. The SI prepared the rough site-plan, Ex. PH showing the place of recovery, informed the higher authorities in relation to the arrest of Rupa Ram, recorded the statements of the witnesses and took the tractor into possession vide Recovery Memo, Ex. PL. On return to the Police Station, the Sub-Inspector deposited the case property with the MHC. On 6.5.1996, accused Surjit was arrested by the above mentioned Sub-Inspector. On 9.7.1997, accused Guddu was put under arrest by Roshan Lal, SI. On receipt of the Chemical Examiner's Report, Ex. PM and after completion of investigation, the charge sheet was filed in the Court for trial of the accused.

(3.) TO bring home guilt against the accused, the prosecution examined PW-1 Raj Kumar Head Constable, PW-2 Naresh Kumar Constable, PW-3 Ravinder Kumar ASI, PW-4 Mahinder Singh SI and closed its evidence.