STATE OF HARYANA Vs. SANDEEP KUMAR

JUDGEMENT

(1.) THIS judgment shall dispose of Criminal Appeal No. 495-DBA of 2008, filed by the State of Haryana, against the judgment of acquittal dated 25-8-2007, of Sandeep Kumar, Criminal Appeal no. 2409-SB of 2007, filed by Kulbir Singh, appellant, and Criminal Appeal No. 2469-SB of 2007. filed by Babli @ Tarsem Singh, appellant, against the judgment of conviction dated 25-8-2007, and the order of sentence dated 27-8-2007, rendered by the special Judge, Jind, vide which he convicted kulbir Singh and Babli @ Tarsem Singh, accused/appellants; for the offence, punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as 'the Act' only) and sentenced them, to undergo rigorous imprisonment, for a period of ten years each, and to pay a fine of Rs. 1 lac each, and in default of payment of the same, to undergo rigorous imprisonment for another period of six months each, for having been found in possession of 280 kgs. poppy-husk, (falling within the ambit of commercial quantity), without any permit or licence. As stated above, Sandeep Kumar, accused, was acquitted vide the aforesaid judgment, by the trial court.

(2.) THE facts of the prosecution case, as summarized, proceeded in the manner, that on 3-5-2006, a V. T. message was received in Police Station Garhi, from the Deputy superintendent of Police, Narwana. The message was to the effect, that one Scorpio vehicle having 2/3 occupants, was found moving under suspicious circumstances, and a picket be held, with a view to check the same. On receipt of this message, Dalbir singh, ASI, Police Station Garhi, along with other police officials reached Data singhwala, in Govt. Jeep, bearing No. HR-21 B-8395, driven by Suresh Kumar, Constable. At that place, the other police officials met the police party. Thereafter, Dalbir singh, ASI, held a picket. One Scorpio vehicle (silver coloured), bearing No. HR-37 B-4278, came from Narwana side. On seeing the police party, the vehicle all of a sudden stopped. As soon as it stopped, two persons alighted from the back side of the said vehicle. The driver of the said vehicle got down from the driver's seat. All of them fled towards the fields. Dalbir Singh, ASI, and the other police officials got suspicious, about the conduct of the occupants of the said vehicle, who after getting down therefrom, started running. They were asked to stop, but they did not do so. They were chased. While running two of them put off their shoes. However, at a distance of about half kilometer, all of them were apprehended. One of them, disclosed his name as Sandeep kumar, who was driving the vehicle, whereas, the remaining two persons, disclosed their names as Babli @ Tarsem Singh s/o Gurmel Singh and Kulbir Singh s/o nikka Singh. Babli @ Tarsem Singh and kulbir Singh, who put off their shoes, while running, sustained injuries, in the fields, where the wheat crop was lying. Thereafter, they were brought near the aforesaid vehicle. The vehicle was checked. It was found containing 6 gunny bags and 2 plastic bags. Dalbir Singh, ASI, suspected that the bags aforesaid, contained contraband. Notice under Section 50 of the Act, was served upon them, as to whether, they wanted the search of the bags, to be conducted, in the presence of a Gazetted Officer, or a Magistrate. They, however, opted that they wanted the search to be conducted, in the presence of a gazetted Officer. Thereafter, Dalbir Singh, asi, called the DSP, Narwana, to the spot, who reached there. He directed Dalbir Singh, asi, to conduct the search of the gunny and plastic bags. The gunny and the plastic bags, were taken out of the vehicle aforesaid. On search, each gunny bag, was found containing 40 kgs. poppy-husk, whereas each plastic bag, was found containing 20 kgs. poppy-husk. Two samples of 100 grams, from each of the gunny and the plastic bags, were taken out, and the remaining poppy-husk, was kept in the same gunny and plastic bags. The samples, gunny and the plastic bags, containing the remaining poppy-husk, were converted into parcels, duly sealed, and taken into possession, vide a separate recovery memo, along with the Scorpio vehicle. Ruqa, Ex. PG, was sent to the Police Station, on the basis whereof, formal FIR, Ex. PE, was registered. Rough site plan, Ex. PA, of the place of recovery, was prepared. The statements of the witnesses were recorded. The accused were arrested. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court, the copies of documents, relied upon by the prosecution, were supplied to the accused. Charge under Section 15 of the Act, against all the accused, as also under Sections 467 and 471 of the Indian Penal Code, against sandeep Kumar, accused, was framed, to which they pleaded not guilty, and claimed trial.