BALJEET Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this judgment I dispose of three criminal appeals No. 203 -SB of 1997 (Baljeet v. State of Haryana) and No. 277 -SB of 1997 (Lal Singh v. State of Haryana) as all the three appeals have arisen from the judgment and order dated 19.2.1997/ 21.2.1997 passed by the Court of Addl. Sessions Judge, Hisar, who convicted the appellants under Section 18 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') and sentenced each one of them to undergo rigorous imprisonments for a period of ten years and each of the appellants was further directed to pay a fine Rs. 1 lac and in default of payment of fine each of the appellants was further directed to pay a fine of Rs. 1 lac and in default of payment of fine each of the appellants was supposed to undergo rigorous imprisonment for two years. The learned trial Court further ordered for the confiscation of the vehicle No. HR -10/2823 besides the case property to the State.

(2.) SOME facts can be noticed in the following manner : - On 19.6.1995 S.I. Raja Ram, S.H.O. along with other members of the police party had gone to check Nakabandi in a private jeep bearing registration No. HR - 22/9885 driven by Shri Dharambir and when he reached near the Bhakhra Canal bridge in the area of Bajalpur, the Investigation Officer found Balbir Singh, H.C., Tara Chand H.C. and Jagan Nath, constable etc. on Nakabandi duty. In the meanwhile, a jeep bearing registration No HR -10/2823 came from the side of village Behla which was being driven by Jaibir appellant. On seeing the police party the driver of the jeep stopped the vehicle. The said jeep was surrounded by S.I. Raja Ram alongwith other members of the police party. Other two appellants S/Shri Lal Singh and Baljeet were allegedly travelling in the jeep. All the three appellants, according to the prosecution, became nervous. The Incharge of the police party S.I. Raja Ram conceived a suspicion that theappellants were carrying some narcotic drugs in the jeep. So he informed all the three appellants about the fact that if they so desire some gazetted officer or Magistrate could be called at the spot in order to take the search of the vehicle. A memorandum / notice was also given to the appellants in this regard. The appellants reposed confidence in the Investigating Officer and consequently the search of the jeep was conducted. A plastic bag was found lying in the front on of the jeep under the legs of the appellants and on search of that bag am was found. On weighment it came to 6 Kgs. The Investigating Officer separated 100 grams of opium and made a sealed parcel thereof by way of sample. The remaining opium was separately sealed with the seal of S.I. Raja Ram bearing inscription 'RR'. The entire case property was taken into possession and the seal after use was handed over to A.S.I. Kanwar Singh. The appellants could not produce any licence or permit for the possession of the opium. Resultantly ruqa was sent to the police station for the registration of the case and a special report about the arrest of the appellants and recovery of opium as also sent to the higher authorities. Recovery memo was also prepared. On return to police station the case property was deposited with the MHC with the seals intact. Statements of the witnesses were recorded at the spot. The site plan of the place of arrest was also prepared. The sample of the opium was ultimately sent to the office of the Chemical Examiner, who vide report Ex.PK declared the contents as. opium and on completion of the investigation of the use all the three appellants were jointly challenged in the court of Magistrate. The learned Magistrate supplied the copies of the documents to the appellants and vide commitment order dated 18.10.1995 Judicial Magistrate Ist Class, Fatehabad committed the appellants to the court of Sessions in Order to face the trial. Vide order dated 17.11.1995 the trial Court framed the charge under Section 18 of the Act against the appellants. It was read over and explained to them, to which they pleaded not guilty and claimed trial.

(3.) IN order to prove the charge, the prosecution examined as many as five witnesses, out of which the statement of PW A.S.I. Kanwar Singh and PW -1 S.I. Raja Ram would be material and I would like to refer the statement of A.S.I. Kanwar Singh in the later portion of this judgment. The prosecution also tendered into evidence statements of the formal witnesses besides the report of the Chemical Examiner and closed the case.