BAGGAR SINGH @ GAGGI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS judgement shall dispose of Crl.A. No. 625-DB of 2007 and Crl.A. No. 641-DB of 2007, as both these appeal arise out of a common judgement of conviction dated 14.06.2007 and order of sentence dated 15.06.2007, passed by Addl. Sessions Judge, Sirsa.

(2.) THE accused-appellants Baggar Singh @ Gaggi and Makhan Singh have filed these appeals against the judgement of the Addl. Sessions Judge, Sirsa dated 14.6.2007, and order of sentence dated 15.6.2007 vide which they have been convicted under Section 15 of the NDPS Act and were sentenced to undergo rigorous imprisonment for 10 years and 6 months and to pay a fine of Rs. 1 lac each and in default of payment of fine to undergo further S.I. for 2 years.

(3.) IN order to prove its case, the prosecution examined as many as 10 witnesses. PW1 MHC Lal Chand, PW2 HC Bhoop Singh and Constable Jai Singh tendered their affidavits into evidence Ex.PW1/A, Ex.PW2/A and Ex.PW3/A respectively. PW4 stated that on 14.6.2004, he alongwith other police officials was present at Bus Stand near Dadu where Jagroop singh son of Karnal Singh and Mukhtiar Singh son of Amar Singh, residents of village Dadu produced before accused Baggar Singh and also made confession before the said person that on 7.2.2004, he alongwith Makhan Singh had brought 7 bags of poppy straw in Maruti Car No. DNC-1248 from Rajasthan. PW5 Avtar Singh stated regarding the sale of car to Pinderpal. PW6 Pinderpal Singh also made statement regarding purchase of the said car from PW5 Avtar Singh. PW7 Wazir Singh further stated that he had purchased the said Maruti car from Bhinderpal Singh PW6. PW8 Constable Malook Singh had witnessed the recovery proceedings and he had also identified Baggar Singh accused who had ran away from the spot. PW9 Inspector Jagdish Kumar is the investigating officer and he has given the details of recovery and other formalities completed at the spot. PW10 ASI Om Parkash is the witness of recovery of the 7 bags from the accused.