DARA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this judgment, I propose to dispose of two appeals i.e. CRA-S-2331-SB-2004 filed by appellant Dara Singh and CRA-S2377-SB-2004 filed by appellant Rajwant Singh, both of them being accused, who were tried and convicted by the Court of Presiding Officer, Special Court, Kurukshetra vide judgment dated 21.10.2004 for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and vide order of the same date, they were sentenced to undergo rigorous imprisonment for ten years each and to pay a fine of Rs. 1,00,000/- each and in default thereof to further undergo rigorous imprisonment for a period of two years each.

(2.) The accused-convicts, who are appellants before this Court pray that the appeals be accepted, the impugned judgment of their conviction and order of sentence be set aside and they be acquitted of the charge framed against them.

(3.) Briefly stated, the prosecution story is that on 23.4.2002, ASI Mahavir Singh (hereinafter referred to as the Investigating Officer/I.O.) from Police Station Babain had received a secret information that Rajwant Singh and Dara Singh were indulging in smuggling of narcotics and drugs in the said area bringing the contraband in Contessa car bearing No.HR01-E-0948 of Rajwant Singh and then selling the same in the area of Barara. It was further informed that on the said day, Rajwant Singh had gone in his aforesaid car, whereas Dara Singh had gone on his Rajdoot motorcycle to bring narcotics and they would be returning to area of Barara via villages Dhantori, Machhroli, Kharindwa and Yara. It was informed that if a NAKA was laid, then they could be caught red handed. Finding the information to be reliable ASI Mahavir Singh recorded formal FIR at the police station and sent special reports to the higher police officers and Illaqa Magistrate. He requested ASI Baljeet Singh, SHO Police Station Babain as well as DSP Headquarter, Kurukshetra telephonically to reach at the spot and he himself along with other police officials proceeded towards Yara-Buhava road to laid picket there. The police party accordingly reached there and laid a picket. After some time, accused Rajwant Singh came there driving his Contessa car having No.HR01E0948. He was followed by accused Dara Singh on his Rajdoot motorcycle. ASI Mahavir Singh signalled the vehicles to stop. Dara Singh turned back his motorcycle and fled from the spot. However, Rajwant Singh was apprehended. His car was searched and five gunny bags were recovered therefrom, out of which three were kept on rear seat of the car and two in the dicky of the car. On being checked, the gunny bags were found to contain poppy husk. Two samples of 250 gms. each were drawn from each gunny bag and the residue on being weighed came to 36.500 kgs. in each bag. The samples and residue were converted into separate parcels, sealed with seal of ASI Mahavir Singh having inscription 'MS'. After use the seal was handed over to HC Rohtas Singh. The Investigating Officer served notice under Section 50 of the Act upon accused Rajwant Singh seeking his option whether he wanted to be produced before a gazetted officer or Magistrate. The accused opted to be produced before Gazetted Officer. He was formally arrested and documents in that regard were prepared. In the meanwhile, ASI Baljit Singh, SHO Police Station Babain and Sh.Anil Kumar Dhawan, DSP Headquarter, Kurukshetra reached at the spot. The accused along with the case property and witnesses were produced before them and they were informed regarding the facts of the case. ASI Baljit Singh put his seal having impression 'BS' on all the parcels i.e. samples and residue. He did so after verifying the facts. Similarly Anil Kumar Dhawan, DSP put his seal having inscription 'AKD' on the sample parcels and residue parcels. Then all the parcels along with Contessa car were taken into possession vide recovery memo attested by the witnesses. The Investigating Officer prepared rough site plan of the place of recovery. On return to the police station, the Investigating Officer deposited the case property with MHC. The accused was put in the lock up. During the course of investigation, sample parcels were sent to FSL, Madhuban and vide report received therefrom, they were found to be those of poppy straw. Accused Dara Singh was also arrested.