JASWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE above-mentioned Crl. Appeals were heard together and are disposed of by this common judgment. The appellants herein have filed these appeals against the judgment and order of conviction and sentence passd by the learned Additional Sessions Judge, Hisar in Sessions Case No. 6 of 1993, for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinaftes referred to as the N.D.P.S. Act). They were sentenced to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. 1,00,000/- each.

(2.) THE case of the prosecution is that on 25.3.1989, ASI Hans Raj of C.I.A. Staff, Fatehabad was present at 'Y' point near Fatehabad-Hanspur road. He was accompanied by H.C. Raj Singh and five other Constables. The police party travelled up to that point by a private jeep driven by Ved Parkash. A truck bearing registration No. HRJ-8413 came there from Fatehabad side. Hans Raj ASI signalled the vehicle to stop and he got it stopped. The appellants were found in the truck. There was another person by the name of Roop Chand, who was sitting on the top of the front side of the vehicle. When ASI Hans Raj was engaged in conversation with driver of the truck (appellant Jaswant Singh), the person sitting on the top of the front side of the truck got down and disappeared into the roadside fields. He could not be apprehended in spite of a hot chase given by a Constable.

(3.) DURING the trial, Prosecution examined the following witnesses: (1) P.W.1 Dr. P.L. Verma (2) P.W.2 S.I./S.H.O. Om Parkash (30 P.W.3 Ved Parkash (4) P.W.4 H.C. Raj Singh (5) P.W.5 A.S.I. Hans Raj