SUKHVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been filed by the appellant challenging the judgment of conviction dated 28.11.2002 and order of sentence dated 30.11.2002 passed by learned Addl. Sessions Judge, Fatehabad, whereby he was convicted and sentenced to undergo rigorous imprisonment for a period of 12 years and to pay a fine of Rs. 1 lakh and in default of payment of fine, to further undergo rigorous imprisonment for a period of six months under Sec. 15 of the NDPS Act. However, co-accused Gurmit Singh was acquitted of the charge.

(2.) Brief facts of the case giving rise to this prosecution are that on 29.3.1997 ASI Dharambir Singh alongwith other police employees was present at the bridge of Canal Roopana minor in the area of village Pillimandarb in connection with nakabandi. Constable Ravinder Kumar No.1371 met him. They were talking. In the meantime, a Maruti Car bearing registration No.DDU-7320 came from the side of village Roppana. Investigating Officer gave a signal to stop the Maruti Car, but the driver of the car did not stop it. Maruti Car was being driven by present accused Sukhvinder Singh alias Satta and one another person was sitting by his side. Accused Sukhwinder Singh driver was earlier known to the Investigating Officer. Investigating Officer chased the Maruti Car in the police vehicle, but could not intercept the Maruti Car. Ultimately accused Sukhvinder Singh and his companion left the car in village Pillimandori and fled away. Investigating Officer carried out the search of Car No.DDU7320 and found that eight gunny bags containing poppy husk were loaded in the car. Investigating Officer took out 100 grams poppy husk as sample from each gunny bag and remaining poppy husk came to 39 kilograms 900 grams in each bag. Investigating Officer prepared the sealed parcels of the sample and the gunny bags containing remaining poppy husk. All the parcels were sealed with the seal bearing impression AS and seal after use was handed over to Devender Kumar ASI. Entire case property including Car No.DDU-7320 was taken into possession vide recovery memo Ex.P4. Investigating Officer sent ruqa Ex.P5 to the police station on the basis of which formal FIR. Ex.P6 was registered. Investigating Officer also prepared the site plan of recovery Ex.P7. On return to the police station, the case property was produced before SI Karan Singh SHO, Police Station Bhattu Kalan on 16.697. He was produced before him by Dharam Chand and Satnam Singh witnesses and on completion of the investigation, initially report under Sec. 173 Crimial P.C. was filed against accused Sukhvinder Singh as accused. Gurmit Singh could not be arrested. Later on Gurmit Singh was also arrested on 11.6.98 and a supplementary challan was filed against accused Gurmit Singh."

(3.) On presentation of challan, copies of challan and other documents were supplied to the accused-appellant and co-accused under Sec. 207 Crimial P.C. Finding prima facie case, the appellant and co-accused were charge-sheeted under Sec. 15 of the NDPS Act, to which they pleaded not guilty and claimed trial.