KAMALJEET SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Since common questions of law and facts are involved in the aforesaid two appeals, therefore these are taken up together and disposed of by a common judgment.

(2.) These appeals have been instituted against the judgment and order dtd. 29/4/2014 and 30/4/2014 rendered by the Additional Sessions Judge, Sirsa in Sessions Case No.84-C of 2011, whereby appellant Amandeep Singh was charged with and tried for offences punishable under Ss. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") and under Ss. 411, 468 and 471 of the Indian Penal Code (hereinafter referred to as "IPC") while appellant Kuldeep Singh alias Kamaljeet Singh was charged with and tried for offences punishable under Sec. 27-A read with Sec. 17 and under Sec. 25 of the NDPS Act and under Ss. 411, 468 and 471. They were convicted thereunder and sentenced as under:- Name of convict Under Ss. Imprisonment Amandeep Singh 17 of NDPS Act To undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1.00 lac and in default of payment of fine to undergo rigorous imprisonment for a period of one year.

(3.) The case of the prosecution in a nutshell is that on 23/1/2011 police had received information to the effect that accused Amandeep Singh was coming from Dabwali in a jeep bearing registration No.RJ-23UA-0628 with opium for delivering the same to co-accused Kamaljit Singh. SI Hira Singh constituted two raiding parties. SI Hira Singh sent intimation under Sec. 42 of the NDPS Act to the higher authorities. Thereafter he held nakabandi. PW Hira Singh was informed about the crossing of jeep at T point Salamkhera and coming towards Odhan. The jeep reached near T point Ghukianwali. PW Hira Singh stopped the jeep. In the meantime PW ASI Subhash Chander also came on the spot. The driver of the jeep disclosed his identity as Amandeep Singh. PW Hira Singh served a notice Ex.P18/A on accused Amandeep Singh regarding his right of search of jeep before a gazetted officer or a Magistrate. Accused Amandeep Singh gave option to be searched before a gazetted officer. After sometime DSP Babu Lal came on the spot. Jeep was searched. On search of jeep, a cavity was found underneath the driver seat and its adjoining seat. On search of that cavity, 11 polythene packets were found tied with jute string. All the packets were opened. These packets contained opium. Two samples of 10 grams each were separated from each packet and residue on weighment was found to be 3 kgs in each packet including the weight of polythene. These were converted into separate parcels. All the parcels were sealed with seal 'HS' of PW Hira Singh and 'BL' of DSP Babu Lal. Ruqa Ex.PW19/A was sent. FIR Ex.PW19/B was registered. Rough site plan was prepared. Accused Amandeep Singh was interrogated. He disclosed that opium was brought by Kamaljeet. He was going to hand over the same to him. PW Hira Singh conducted raid for search of accused Kamaljit Singh. PW Hira Singh came to the police station. He deposited the case property before MHC. On 24/1/2011 Amandeep Singh was interrogated by PW Hira Singh. He made disclosure statement Ex.PW18/C. He reiterated that the opium belonged to accused Kamaljit Singh. He was employed as a driver. Case property was produced before the Illaqa Magistrate. Illaqa Magistrate passed the order Ex.PW19/G. The police went to the house of co-accused Kamaljit Singh. During investigation the registration number of jeep was found to be fake. The call details were taken into possession. Samples were sent to FSL, Madhuban. The investigation was completed. The challan was put up after completing all the codal formalities.