AJAIB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were tried for the offences under Sections 15 and 16 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as T1the Act). They were held guilty for the of fence under Section 15 of the Act and were sentenced to undergo R.I. for a period of ten years each and fine of Rs. One lac each.

(2.) The case of the prosecution is that on 9-8-1991 Balwan Singh A.S.I. alongwith other police officials was in a Govt. Jeep driven by Constable Jagdish Chander and had made Nakabandi in Gehlewala Chowk in the area of village Singhpura where Jagdish son of Jaswant Ram. Jat resident of Sekhupuria came from the side of village Singhpura and met them. When ASI Balwan Singh was talking with said Jagdish then in the meantime a tractor trolley No. HRN 6799 came there from the side of Dhani Rampura and it was apprehended on suspicion. It was being driven by appellant Ajaib Singh and the remaining appellants namely. Gurcharan Singh. Gura Singh, Roop Singh. Mithu Singh and Jangir Singh were sitting in the trolly which contained some bags. He then served notice Ex. PB upon the appellants asking them that some Gazetted Officer could be called on the spot for search of the tractor trolly but they declined this offer vide their reply Ex. PB/I. Then search of the tractor-trolly was conducted from which 376 bags of poppy straw were recovered and each of the bags was found containing 40 Kgs. of poppy straw. A sample of 200 grams from each bag was separated and all the samples and the residue were sealed separately. The case property was taken into possession vide recovery memo Ex. PC. The ASI then sent ruqa Ex. PD to the police station through Pokhar Ram constable for registration of the case on the basis of which formal FIR Ex. PD 11 was recorded by Bhagwan Dass. SI/SHO. He also prepared rough site plan Ex. PE of the place of recovery with correct marginal notes and after completing the necessary formalities the challan was presented before the Court for trial.

(3.) During the trial the prosecution examined the following witnesses: