PAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) TWO appellants namely Pal Singh and Rajinder Singh have filed the present criminal appeal and it has been directed against the judgment dated 3.2.1999 and order dated 4.2.1999 passed by the court of Additional Sessions Judge, Bhiwani who convicted both the appellants under Section 15 of the N.D.P.S. Act and sentenced each one of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. one lakh. In default of payment of fine each one of them was directed to undergo rigorous imprisonment for a period of two years.

(2.) THE brief facts of the case are that on 1.10.1997, Assistant Sub Inspector Raj Pal alongwith Head Constable Ram Kishan, Constable Inderpal, Jaipal and Ram Chander was present at Jhumpa chowk in connection with nakabandi. At about 7.15 P.M., from the side of Rajgarh, one tractor-trolley without number came there. Accused Pal Singh was driving the said tractor and accused Rajinder Singh was sitting on the tractor. The said tractor was stopped and checked. It was containing 6 bags. Raj Pal Assistant Sub-Inspector suspected poppy husk in the said gunny bags. A joint notice under section 50 of the N.D.P.S. Act was given to the accused to the effect that he suspected some narcotic in the gunny bags in the troller and if the accused so wish, then their search can be taken in the presence of a Gazetted Officer or a Magistrate. The accused opted to give their search in the presence of Gazetted Officer. Notice Ex.PF was thumb marked by both the accused, attested by Head Constable Ram Kishan and Constable Inderpal. Similarly reply Ex.PF/1 was thumb marked by both the accused, attested by Head Constable Ram Kishan and Constable Inderpal. Through wireless message Shri Vijay Kumar D.S.P. Siwani was summoned on the spot. Resultantly, D.S.P. reached at the spot and in his presence search of the gunny bags was taken and each bag was found to contain 40 kilograms of poppy husk. The thanedar separated 200 grams of poppy husk by way of sample and sealed it with his own seal. Remaining poppy husk was separately sealed. D.S.P. Vijay Singh also resealed the samples and the case property with his seal bearing inscription VS. The seal after use was handed over to Constable Ram Kishan. However, the D.S.P. retained the seal with him. Accused could not produce any permit or licence for the possession of the same. Resultantly, ruqa Ex.PD was sent to the Police Station on the basis of which formal F.I.R. Ex.PD/1 was recorded. Samples of the poppy husk were sent to the office of the Chemical Examiner who declared the contents as of poppy husk. On completion of the investigation of the case, accused was challaned in the court of Area Magistrate under section 15 of the N.D.P.S. Act who committed the accused to court of Sessions vide orders dated 3.1.1998. Accused was charge-sheeted under section 15 of the N.D.P.S. Act vide order dated 4.2.1996. The charge was read over and explained to the accused to which he pleaded not guilty and claimed a trial.

(3.) STATEMENT of the accused was recorded and all the incriminating circumstances appearing in the prosecution evidence were put to the accused. Accused denied those circumstances and stated that nothing was recovered from them or tractor-trolley. They had come to Siwani for hiring labourer for agricultural purposes. In Siwani Police had demanded 'begar' from them. When they refused, they were illegality retained by the police and when they threatened the police officials for making complaint against the illegal detention to the higher authorities, this false recovery has been planted upon them. In defence, accused did not examine any witness and closed the case.