SUKHDEV SINGH ALIAS SUKHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common order, we propose to decide Criminal Appeal No. 408-DB of 1997 as also Criminal Appeal No. 325-SB of 1997 as all these appeals have been filed against order dated 17th of March, 1997 passed by the Additional Sessions Judge, Bhiwani. The appellant Sukhdev Singh in Criminal Appeal 408-DB of 1997 and Jagar Singh appellant in Criminal Appeal No. 502 of 1997 were tried for an offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act. After recording a finding of guilt the learned Additional Sessions Judge convicted and sentenced the appellants to undergo R.I. for twenty years and to pay a fine of Rs. 2,00,000/- each and in default of payment of fine to further undergo R.I. for five years each. Manoj Kumar owner of the vehicle involved in the commission of offence has filed Criminal Appeal bearing No. 325-SB of 1997 as the same was confiscated to State vide same order passed by the learned Additional Sessions Judge while convicting the appellants referred to above.

(2.) Brief facts of the case reveal that on 4th of January, 1995, Sub Inspector Med Singh of Police Station, Loharu, who was present along with four Constables held Naka Bandi on Singhani Chowk with official jeep. At about 6.00 a.m. one Ram Kishan met them. In the meanwhile truck No. HR-24/2851 came from the side of Loharu. The police party signalled the driver to stop the truck. Truck accordingly stopped. One person opened the door from the side normally occupied by conductor and ran away from the truck. The driver of the truck was, however, questioned as the police party suspected that some narcotic material was in the truck and a choice was given to the driver Jagar Singh as to whether he would like to be searched by a gazetted officer. After obtaining the reply in affirmative presence of D.S.P. Loharu was secured and on his arrival the truck was checked. It was found to contain 90 bags of poppy husk each bag containing 40 Kgs. of poppy husk. Besides 125 bags of salt were also found in the truck. The sample of 100 grams was separated from each bag of poppy husk and the samples were sealed with the seal of D.S.P. The seal was handed over to Ram Kishan PW. The truck, salt bags, poppy husk bags and samples drawn from the poppy husk were taken into possession by recovery memo which was attested by Raj Gopal DSP, Ram Kishan PW and ASI Ami Lal. Intimation was also sent to the police station on the basis of which formal FIR was recorded. Rough site plan of the place of recovery was prepared. The driver of the truck was arrested and was brought to the police station. The case property was deposited with M.H.C. During the course of investigation it was found that the person who had jumped from the other window of the truck was Sukhdev Singh. He was arrested on 20th of February, 1995. The samples drawn were sent to the Forensic Science Laboratory and after investigation the appellants were challaned.

(3.) The prosecution to bring home the offence against the appellants examined Head Constable Jagphul Singh as PW-1 and Raghbir Singh Constable as PW-2. The Head Constable and the Constable tendered their affidavits. Raj Gopal DSP was examined as PW-3. In his presence it is proved by his deposition in Court that the contents of the truck were checked and it was found that there were 90 bags of poppy husk in it. Med Singh Investigating Officer was examined as PW-4. SI Rameshwar Dayal who partly investigated the case was examined as PW 5. Witnesses fully supported prosecution version.