MOHD. NADIM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in this appeal is to the judgement and order of sentenced dated 14.8.2006, passed by the Judge, Special Court, Karnal vide which the appellants Mohd. Nadim and Mohd. Najim have been convicted under Section 15 of the Narcotic Drugs and Psychotropic Substance Act (hereinafter referred to as 'NDPS Act') and have been sentenced to undergo R.I. for a period of 15 years and to a pay a fine of Rs. 1,50,000/- each and in default of payment of fine, the convicts were further ordered to undergo R.I. for a period of 1 1/2 years.

(2.) BRIEFLY the facts of the case are that on 2.1.2005, ASI Rattan Singh alongwith some other Police officials was present at Namaste Chowk, G.T. Road, Karnal in connection with crime detection. There a secret informant met them and informed that Mohd. Shokin resident of Chosana and Mohd. Liyakat resident of Taprana, Police Station Jhijana, District Muzaffar Nagar were selling poppy husk. They were also informed that Mohd. Liyakat had a truck bearing No. HR38E-0797 on which Mohd. Najim son of Mohd. Rasid resident of Tanda, Police Station Chaproli, District Baghpat (U.P.) is driver and Mohd. Nadim S/o Mohd. Abbas, resident of village Taparana, Police Station Jhijana, District Muzaffar Nagar was cleaner. These persons were indulging in the illegal trade of bringing poppy husk from Rajasthan and they took the same to Chosana, Police Station Jhijana via Manglore Barrier. The secret informant informed ASI Rattan Singh that all the aforementioned persons had gone to Rajasthan on 31.12.2004, for bringing bags of poppy husk and they would be coming back alongwith bags of poppy husk and would be passing through Sector 4 and 5, Urban Estate, Karnal and if a nakabandi was laid at any place at Sector 4 and 5, then all the aforementioned four persons could be apprehended with the aforementioned truck which would be loaded with bags of poppy husk.

(3.) AT about 1.40 p.m. on 2.1.2005, the aforesaid truck was spotted and it was signalled to stop. On seeing the Police party two persons, whose names were later on came to be known as Mohd. Shokin and Mohd. Riyasat, jumped out from the truck and managed to flee from the spot. However, Mohd. Najim who was sitting on the driver seat of the truck and Mohd. Najim who was sitting by the side of the driver seat were apprehended. As the Investigating Officer suspected that they may have some narcotic in the truck, so he served notice (Ex.P8) to both the accused for their option to give search of the truck either in the presence of a Gazetted Officer or a Magistrate. Both the accused opted to give search of the truck in the presence of a Gazetted Officer. Accordingly DSP Surender Pal Singh was informed of the facts of the case and was requested to come at the spot. He arrived at the spot and gave directions to the Investigating Officer to conduct the search of the truck. On search 52 bags were found in the truck which contained poppy husk. From each bag 2 samples of 100 gms. each were separated and thereafter the bags were weighed. On weighment of each bag, the same were found containing 39 kgs. 800 gms of poppy husk. The samples and the remaining contraband in the bags were sealed separately and were taken into possession vide memo duly attested by the witnesses. Site plan of the place of recovery was also prepared. On return to the Police Station, the sealed parcels were produced before the Station House Officer who verified the facts of the case from the accused and the witnesses and affixed his seal on the samples and the case property was deposited. Thereafter, in due course, the samples were sent to the Forensic Science Laboratory, Madhuban and after completion of the investigation, the challan was presented in the Court.